Colin Biggers & Paisley Pty Limited t/as Colin Biggers and Paisley v McKenzie (No 3) [2017] NSWSC 1428

Supreme Court New South Wales

Medium Neutral Citation: Colin Biggers & Paisley Pty Limited t/as Colin Biggers and Paisley v McKenzie (No 3) [2017] NSWSC 1428 Hearing dates: 16 October 2017 Date of orders: 16 October 2017 Decision date: 16 October 2017 Jurisdiction: Common Law Before: Campbell J Decision: (1) The execution notice and any step in enforcement of the judgment obtained on 1 December 2016 is stayed until either further order of this Court or the determination of the professional negligence proceedings in matter number 2017/200864, whichever is the earlier;

(2) The respondent is to pay the applicant's costs of the motion except the costs of preparing Exhibit B. Catchwords: CIVIL PROCEDURE – Stay of proceedings – Pending appeal – Whether stay is in the interests of justice – Stay granted Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Advanced Building Systems Pty Ltd v Ramset Fasteners (Aust) Pty Ltd (1997) 71 ALJR 814 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 258 ALR 14 Challenge Charter Pty Ltd & Anor v Curtain Bros (Qld) Pty Ltd & Ors [2004] VCSA 66 McLeary v Swift [2013] NSWSC 1674 Sheppards and Co v Wilkinson and Jarvis (1889) 6 TLR 13, CA Category: Procedural and other rulings Parties: Colin Biggers & Paisley Pty Limited (Respondent/Plaintiff) Mr Mark McKenzie (Applicant/Defendant) Representation: Counsel: