Porges v Adcock Private Equity Pty Ltd [2018] NSWCA 285

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Porges v Adcock Private Equity Pty Ltd [2018] NSWCA 285 Hearing dates: 19 November 2018 Date of orders: 23 November 2018 Decision date: 23 November 2018 Before: Macfarlan JA Decision: (1) Order that order (1) of the orders made by McDougall J on 7 September 2018 be stayed until determination of the appeal or until further order. (2) Order that orders (1) to (3) of the orders made by McDougall J on 30 October 2018 be stayed until determination of the appeal or until further order. (3) Order that the costs of this application be costs in the appeal. Catchwords: APPEAL – enforcement of primary judgment stayed – risk that appeal would have been rendered abortive if no stay Legislation Cited: Bankruptcy Act 1966 (Cth), s 60(2) Corporations Act 2001 (Cth), s 206B(3) Uniform Civil Procedure Rules 2005 (NSW), r 51.44 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Category: Procedural and other rulings Parties: Stephen Robert Porges (Applicant) Adcock Private Equity Pty Ltd (Respondent) Representation: Counsel: Ms S Mirzabegian / Mr A Jordan (Applicant) Mr C McMeniman (Respondent)

Solicitors: Clayton Utz (Applicant) Maddocks (Respondent) File Number(s): CA 2018/299894 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity – Commercial List Citation: [2018] NSWSC 1363 Date of Decision: 5 September 2018 Before: McDougall J File Number(s): SC 2017/80166