Comet Building Services Pty Ltd v Hy Tec Industries Pty Ltd [2008] NSWSC 11

Comet Building Services Pty Ltd v Hy Tec Industries Pty Ltd [2008] NSWSC 11

The grounds for stay pending appeal were not made out, as the refusal of adjournment did not amount to a denial of natural justice, the Magistrate's reasons were adequate given the simplicity of issues, there was no compelling of withdrawal of cross-claim affecting principal claim, and all relevant matters were considered; thus, no serious question to be tried.

Parties
Applicant/plaintiff: Comet Building Services Pty Ltd; Applicant/plaintiff: Susan Issa; Applicant/plaintiff: Antoine Issa; Respondent/defendant: Hy Tec Industries Pty Ltd
Jurisdiction
Australia
Judgment Date
16 January 2008
Procedural Posture
Application/notice of Motion for Stay / Ex Tempore Judgment on Application for Stay Pending Appeal
Outcome
Notice of motion dismissed; applicants to pay costs of respondent of motion.
Legal Topics
Stay of Judgment, Adjournment, Natural Justice, Magistrate's Reasons, Prejudice Remedied by Costs, Withdrawal of Cross Claim, Raising New Legal Issues on Appeal
Practice and Procedure Stay of Judgment Adjournment Natural Justice Magistrate's Reasons Prejudice Remedied by Costs Withdrawal of Cross Claim Raising New Legal Issues on Appeal

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Parties

Comet Building Services Pty Ltd

Applicant/plaintiff

Susan Issa

Applicant/plaintiff

Antoine Issa

Applicant/plaintiff

Hy Tec Industries Pty Ltd

Respondent/defendant

Procedural Posture

Application/notice of Motion for Stay / Ex Tempore Judgment on Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether refusal of adjournment amounted to denial of natural justice
  2. 2 Whether Magistrate's reasons for decision were insufficient
  3. 3 Whether Magistrate compelled withdrawal of cross-claim

Ratio Decidendi

The grounds for stay pending appeal were not made out, as the refusal of adjournment did not amount to a denial of natural justice, the Magistrate's reasons were adequate given the simplicity of issues, there was no compelling of withdrawal of cross-claim affecting principal claim, and all relevant matters were considered; thus, no serious question to be tried.

Court Disposition

Notice of motion dismissed; applicants to pay costs of respondent of motion.

Orders

  • Notice of motion dismissed
  • Applicants to pay costs of respondent of the motion