MacDonald v Yakiti Pty Ltd [2018] NSWCA 108

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: MacDonald v Yakiti Pty Ltd [2018] NSWCA 108 Hearing dates: 18 May 2018 Date of orders: 18 May 2018 Decision date: 18 May 2018 Before: Macfarlan JA Decision: (1) Stay the operation of the orders made by Fagan J on 9 March 2018 until determination of Ms MacDonald's application for leave to appeal and any appeal that follows in the event that leave is granted. (2) Direct that Yakiti Pty Ltd not proceed with the writs of possession that have been issued. (3) Order that Ms MacDonald's application for leave to appeal and any appeal following from it be heard concurrently. (4) Grant expedition of the application for leave to appeal and appeal. (5) Direct the parties to approach the Registrar with a view to obtaining an expedited hearing date. (6) Order that the costs of the present motion be costs in the application for leave to appeal. Catchwords: APPEAL – stay pending appeal – no issue of principle Cases Cited: Capital Securities XV Pty Ltd (formerly known as Prime Capital Securities Pty Ltd) v Callejaa [2017] NSWCA 342 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Category: Procedural and other rulings Parties: Kate Marie MacDonald (Applicant) Yakiti Pty Ltd (Respondent) Representation: Counsel: L W Chan (Applicant) V Bedrossian (Respondent)

Solicitors: Self-represented Applicant Moisson Lawyers (Respondent) File Number(s): CA 2018/103460 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Date of Decision: 09 March 2018 Before: Fagan J File Number(s): SC 2017/163651