Roberts v Goodwin Street Developments Pty Ltd [2022] NSWCA 103

Roberts v Goodwin Street Developments Pty Ltd [2022] NSWCA 103

The stay application was dismissed because Mr Roberts did not demonstrate any arguable grounds of appeal. The notice of appeal was manifestly hopeless, and the matters raised in his affidavit did not identify arguable error in the decision below. In any event, he provided no evidence of his financial means or material enabling the Court to frame a stay just to both parties, so the balance of convenience favoured Goodwin.

Jurisdiction
Australia
Judgment Date
20 June 2022
Procedural Posture
Application for Stay Pending Appeal / Notice of Motion in the Court of Appeal
Outcome
Notice of motion filed 1 June 2022 dismissed with costs.
Legal Topics
['stay Pending Appeal' 'arguable Grounds of Appeal' 'balance of Convenience' 'design and Building Practitioners Act 2020 (nsw) Duty of Care']
['practice and Procedure' 'building and Construction'] ['stay Pending Appeal' 'arguable Grounds of Appeal' 'balance of Convenience' 'design and Building Practitioners Act 2020 (nsw) Duty of Care']

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Procedural Posture

Application for Stay Pending Appeal / Notice of Motion in the Court of Appeal

Legal Issues

  1. 1 ['Whether Mr Roberts demonstrated arguable grounds of appeal sufficient to support a stay pending appeal.' 'Whether the balance of convenience or hardship justified a stay of enforcement of the judgment pending appeal.']

Ratio Decidendi

The stay application was dismissed because Mr Roberts did not demonstrate any arguable grounds of appeal. The notice of appeal was manifestly hopeless, and the matters raised in his affidavit did not identify arguable error in the decision below. In any event, he provided no evidence of his financial means or material enabling the Court to frame a stay just to both parties, so the balance of convenience favoured Goodwin.

Court Disposition

Notice of motion filed 1 June 2022 dismissed with costs.

Orders

  • ['Notice of motion filed 1 June 2022 is dismissed with costs.']