AFR Group Pty Limited t/as Anytime Fitness Randwick v Bernley Corporation Pty Ltd & Benjamin Thomas Turner [2019] NSWCA 256

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: AFR Group Pty Limited t/as Anytime Fitness Randwick v Bernley Corporation Pty Ltd & Benjamin Thomas Turner [2019] NSWCA 256 Hearing dates: 14 October 2019 Date of orders: 14 October 2019 Decision date: 14 October 2019 Before: Brereton JA Decision: (1) Execution of the judgment of the District Court given on 11 July 2019 be stayed pending the hearing and determination of the appeal herein upon condition that the appellant by 14 November 2019 pay into court to the credit of these proceedings the principal judgment sum of $195,000. (2) Costs of the motion be costs in the appeal. Catchwords: CIVIL PROCEDURE – Court of Appeal – application for stay pending appeal – payment of judgment sum below into Court Category: Procedural and other rulings Parties: AFR Group Pty Limited t/as Anytime Fitness Randwick (Appellant) Bernley Corporation Pty Ltd (First Respondent) Benjamin Thomas Turner (Second Respondent) Representation: Counsel: D Parish (Appellant) A Di Francesco (Respondents)

Solicitors: MDW Law (Appellant) HWL Ebsworth Lawyers File Number(s): 2019/246468 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2019] NSWDC 366 Date of Decision: 30 July 2019 Before: Abadee DCJ File Number(s): 2018/42121