Ghita Nair-Smith v Perisher Blue Pty Limited [2013] NSWSC 2049

Ghita Nair-Smith v Perisher Blue Pty Limited [2013] NSWSC 2049

A stay of the primary judgment and all prior costs orders is appropriate pending appeal, conditioned on the defendant paying $400,000 of the assessed damages to the plaintiff, as issues concerning the calculation of damages under the Civil Liability Act 2002 and Trade Practices Act 1974 are arguable and the risk to either party can be balanced by partial payment.

Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Interlocutory Application / Application for Stay Pending Appeal
Outcome
Stay of primary judgment and all prior costs orders granted on condition; partial payment of damages ordered; costs of motion to be costs in the appeal.
Legal Topics
['stay of Proceedings' 'damages' 'negligence' 'appeal Procedures']
['civil Law'] ['stay of Proceedings' 'damages' 'negligence' 'appeal Procedures']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of the primary judgment and costs orders should be granted pending appeal' 'Whether the defendant should pay part of the damages prior to the stay']

Ratio Decidendi

A stay of the primary judgment and all prior costs orders is appropriate pending appeal, conditioned on the defendant paying $400,000 of the assessed damages to the plaintiff, as issues concerning the calculation of damages under the Civil Liability Act 2002 and Trade Practices Act 1974 are arguable and the risk to either party can be balanced by partial payment.

Court Disposition

Stay of primary judgment and all prior costs orders granted on condition; partial payment of damages ordered; costs of motion to be costs in the appeal.

Orders

  • ['Plaintiff granted leave to file the affidavit of Kellie Wells dated 19 December 2013.' 'Defendant granted leave to file notice of motion and affidavit of Geoffrey Robert Brookes dated 19 December 2013.' 'On condition that the defendant pays $400,000 of the sum assessed for damages, the primary judgment and all...