Diamond World Jewellers Pty Ltd v Catlin Australia Pty Ltd [2021] NSWSC 1664

Diamond World Jewellers Pty Ltd v Catlin Australia Pty Ltd [2021] NSWSC 1664

A stay pending appeal was warranted because there was a substantial risk that Catlin Australia Pty Ltd would be prejudiced if the full judgment sum were paid and the appeal succeeded, but the stay had to be conditional because Catlin had admitted or accepted that at least $367,990.78 was owing and any realistic appeal outcome was unlikely to be less favourable to Diamond World Jewellers Pty Ltd than judgment for that amount. A payment of $400,000 by 31 January 2022 fairly adjusted the parties' interests.

Jurisdiction
Australia
Judgment Date
16 December 2021
Procedural Posture
Notice of Motion for Stay Pending Appeal / After Judgment and Costs Orders; Pending Appeal
Outcome
Stay granted conditional upon payment of $400,000 by Catlin Australia Pty Ltd to Diamond World Jewellers Pty Ltd on or before 31 January 2022; costs of the notice of motion to be costs in the appeal.
Legal Topics
['stay Pending Appeal' 'conditional Stay' 'insurance Cover for Robbery of Jewellery' 'costs']
['insurance Law' 'civil Procedure'] ['stay Pending Appeal' 'conditional Stay' 'insurance Cover for Robbery of Jewellery' 'costs']

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Procedural Posture

Notice of Motion for Stay Pending Appeal / After Judgment and Costs Orders; Pending Appeal

Legal Issues

  1. 1 ['Whether the orders made on 30 November 2021 should be stayed pending appeal.' 'Whether any stay should be conditional upon Catlin Australia Pty Ltd paying part of the judgment sum to Diamond World Jewellers Pty Ltd.' "How to balance prejudice arising from the risk that Diamond World Jewellers Pty Ltd may be unable to repay money if the appeal succeeds and the respondent's concern about Catlin Australia Pty Ltd's solvency."]

Ratio Decidendi

A stay pending appeal was warranted because there was a substantial risk that Catlin Australia Pty Ltd would be prejudiced if the full judgment sum were paid and the appeal succeeded, but the stay had to be conditional because Catlin had admitted or accepted that at least $367,990.78 was owing and any realistic appeal outcome was unlikely to be less favourable to Diamond World Jewellers Pty Ltd than judgment for that amount. A payment of $400,000 by 31 January 2022 fairly adjusted the parties' interests.

Court Disposition

Stay granted conditional upon payment of $400,000 by Catlin Australia Pty Ltd to Diamond World Jewellers Pty Ltd on or before 31 January 2022; costs of the notice of motion to be costs in the appeal.

Orders

  • ['Pending further order of the Court, the orders made in these proceedings on 30 November 2021 be stayed conditional upon payment by Catlin Australia Pty Ltd to Diamond World Jewellers Pty Ltd of $400,000 on or before 31 January 2022.' 'Costs of the Notice of Motion be costs in the appeal.']