3 Sons Investments Pty Ltd v Blair’s Developments Pty Ltd [2020] NSWSC 1869

3 Sons Investments Pty Ltd v Blair’s Developments Pty Ltd [2020] NSWSC 1869

The stay of the costs assessment process was refused because there was no demonstrated prejudice to the plaintiffs and no balance of convenience in favour of that stay. The Local Court decision and writ of levy of property were stayed on conditions because Mr Burt's asserted denial of procedural fairness was at least arguable, the absence of a transcript prevented a firm assessment of the Local Court proceedings, and the prejudice to the first defendant from a short stay could be minimised and compensated by costs and interest, especially with undertakings over property and an expedited timetable.

Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Summons Seeking Leave to Appeal From Local Court Decision / Interlocutory Application for Stay of Judgment, Stay of Writ of Levy of Property, and Stay of Costs Assessment Process Pending Appeal
Outcome
Stay of Local Court decision and writ of levy of property granted on conditions; stay of costs assessment process refused.
Legal Topics
['appeal From Local Court to Supreme Court' 'stay Pending Appeal' 'stay of Writ of Levy of Property' 'costs Assessment Process' 'natural Justice' 'procedural Fairness' 'self Represented Litigant']
['civil Law' 'appellate Procedure'] ['appeal From Local Court to Supreme Court' 'stay Pending Appeal' 'stay of Writ of Levy of Property' 'costs Assessment Process' 'natural Justice' 'procedural Fairness' 'self Represented Litigant']

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Procedural Posture

Summons Seeking Leave to Appeal From Local Court Decision / Interlocutory Application for Stay of Judgment, Stay of Writ of Levy of Property, and Stay of Costs Assessment Process Pending Appeal

Legal Issues

  1. 1 ['Whether the costs assessment process commenced by the first defendant should be stayed pending the appeal.' 'Whether the Local Court decision and the writ of levy of property should be stayed pending the appeal.' 'Whether refusal of a stay would render the proposed appeal nugatory.' 'Whether the plaintiffs had an arguable case that they were denied procedural fairness or natural justice in the Local Court.']

Ratio Decidendi

The stay of the costs assessment process was refused because there was no demonstrated prejudice to the plaintiffs and no balance of convenience in favour of that stay. The Local Court decision and writ of levy of property were stayed on conditions because Mr Burt's asserted denial of procedural fairness was at least arguable, the absence of a transcript prevented a firm assessment of the Local Court proceedings, and the prejudice to the first defendant from a short stay could be minimised and compensated by costs and interest, especially with undertakings over property and an expedited timetable.

Court Disposition

Stay of Local Court decision and writ of levy of property granted on conditions; stay of costs assessment process refused.

Orders

  • ["There is to be a stay of the decision of the Local Court in the matter known as Blair's Development Pty Ltd v 3 Sons Investments Pty Ltd, being case number 2020/00095937." 'There is to be a stay of the order of writ of levy of property which was issued in those proceedings on 3 December 2020.' 'That stay is...