Bundanoon Sandstone Pty Ltd v Cenric Group Pty Ltd [2018] NSWCA 256

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bundanoon Sandstone Pty Ltd v Cenric Group Pty Ltd [2018] NSWCA 256 Hearing dates: 5 November 2018 Date of orders: 07 November 2018 Decision date: 07 November 2018 Before: Macfarlan JA Decision: (1) Order that until determination of the appeal Order 2 made in the Equity Division on 25 October 2018 be stayed to the extent only that the judgment for which the Order provides exceeds $566,426.97. (2) Dismiss Cenric's Notice of Motion seeking an order that Bundanoon provide security for Cenric's costs of the appeal. (3) Order that the costs of Bundanoon's and Cenric's Notices of Motion be costs on the appeal. Catchwords: APPEAL – stay application refused in part – security for costs application refused – security order and absence of stay likely to render appeal nugatory Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 51.44, 51.50 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Transglobal Pty Ltd v Yolarno Pty Ltd (2004) 60 NSWLR 143; [2004] NSWCA 136 Category: Procedural and other rulings Parties: Bundanoon Sandstone Pty Ltd (Applicant) Cenric Group Pty Ltd (First Respondent) TWT Property Group Pty Ltd (Second Respondent) Representation: Counsel: M Ashhurst SC / GP Gee (Applicant) CRC Newlinds SC / R Thrift (First Respondent)

Solicitors: Mills Oakley (Applicant) Clyde & Co (First Respondent) File Number(s): CA 2018/323797 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity – Technology and Construction List Citation: [2018] NSWSC 1570 Date of Decision: 25 October 2018 Before: McDougall J File Number(s): SC 2018/99816