Collier v Country Women’s Association of New South Wales [2017] NSWCA 303

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Collier v Country Women's Association of New South Wales [2017] NSWCA 303 Hearing dates: 22 November 2017 Date of orders: 28 November 2017 Decision date: 28 November 2017 Before: Gleeson JA Decision: (1) Paragraph 1 of the applicant's notice of motion filed on 24 October 2017 (as amended) be dismissed.

(2) The applicant to pay the respondent's costs of paragraph 1 of the notice of motion (as amended). Catchwords: PROCEDURE – application for a stay of execution of costs order made in appeal against interlocutory decision – where application for stay originally made before judgment given in principal proceedings at first instance – where judgment in principal proceedings adverse to applicant for stay was given before application for stay was heard orally – where applicant for stay now puts application on basis that respondent's steps to enforce costs order will distract her from pursuing an appeal against the disposal of the principal proceedings – whether in the interests of justice to order a stay. Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW), ss 135, 138 Legal Profession Uniform Law Application Act 2014 (NSW) s 71(3) Legal Profession Uniform Law Application Regulation 2015, reg 35(1)(a) Supreme Court Act 1970 (NSW), s 23 Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(3A), 36.16(3C), 42.7, 51.44 Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] NSWCA 130 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Collier v Country Women's Association of NSW [2017] NSWCA 22 Collier v Country Women's Association of NSW [2016] NSWSC 1361 Collier v Country Women's Association of NSW [2017] NSWSC 1573 Director, Office of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union and Another (No 2) (2013) 209 FCR 297; [2013] FCAFC 34 Grosvenor Constructions (NSW) Pty Ltd (in admin.) v Musico [2004] NSWSC 344 His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand & Anor v The Macedonian Orthodox Community Church St Petka Incorporated & Anor (No 2) [2007] NSWCA 142 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 Sanofi v Parke-Davis Pty Ltd (No 1) (1982) 149 CLR 147 TCN Channel 9 Pty Limited v Antoniadis (No 2) (1999) 48 NSWLR 381 Teoh v Hunters Hill Council (No 4) [2011] NSWCA 324 Tringali v Stewardson Stubbs & Collett Ltd (1966) 66 SR (NSW) 335 Young v Hones (No 5) [2016] NSWSC 822 Category: Procedural and other rulings Parties: Marion Louise Collier (Applicant) Country Women's Association of New South Wales (Respondent) Representation: Counsel: