Sharpe v W H Bailey & Sons Pty Ltd [2013] NSWSC 1094

Sharpe v W H Bailey & Sons Pty Ltd [2013] NSWSC 1094

The stay was dissolved because the plaintiff failed strictly to comply with the condition attached to Campbell J's stay orders by not filing the required material by 24 July 2013, and the Court was not satisfied that there were sufficient grounds to excuse that non-compliance. Summary dismissal was refused because the Court was not satisfied that there were no arguable grounds of appeal, notwithstanding the defendant's reliance on Farm Debt Mediation Act 1994, s 5(2)(b). Costs of the motion were ordered against the plaintiff in the sum of $2000, but further prosecution of the proceedings was not made conditional on payment because that would effectively end the litigation given the...

Jurisdiction
Australia
Judgment Date
12 August 2013
Procedural Posture
Interlocutory Applications / Defendant's Notice of Motion to Dissolve a Stay of Execution and Enforcement, Summarily Dismiss the Summons Seeking Leave to Appeal, and Seek Costs Orders
Outcome
Stay dissolved; defendant's notice of motion otherwise dismissed; plaintiff ordered to pay assessed costs; matter stood over for further directions.
Legal Topics
['stay of Judgment' 'condition of Stay' 'strict Compliance' 'summary Dismissal of Application for Leave to Appeal' 'farm Debt Mediation' 'costs as Condition of Prosecution' 'poverty No Bar to a Litigant']
['practice and Procedure' 'costs'] ['stay of Judgment' 'condition of Stay' 'strict Compliance' 'summary Dismissal of Application for Leave to Appeal' 'farm Debt Mediation' 'costs as Condition of Prosecution' 'poverty No Bar to a Litigant']

Case Brief

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Procedural Posture

Interlocutory Applications / Defendant's Notice of Motion to Dissolve a Stay of Execution and Enforcement, Summarily Dismiss the Summons Seeking Leave to Appeal, and Seek Costs Orders

Legal Issues

  1. 1 ['Whether the stay of execution and enforcement of the Local Court judgment should be dissolved because the plaintiff failed strictly to comply with filing requirements and court directions.' "Whether the plaintiff's application for leave to appeal should be summarily dismissed on the basis that there were no arguable grounds of appeal." "Whether the plaintiff should be required to pay the defendant's costs of the motion, and whether further prosecution of the proceedings should be conditional on payment."]

Ratio Decidendi

The stay was dissolved because the plaintiff failed strictly to comply with the condition attached to Campbell J's stay orders by not filing the required material by 24 July 2013, and the Court was not satisfied that there were sufficient grounds to excuse that non-compliance. Summary dismissal was refused because the Court was not satisfied that there were no arguable grounds of appeal, notwithstanding the defendant's reliance on Farm Debt Mediation Act 1994, s 5(2)(b). Costs of the motion were ordered against the plaintiff in the sum of $2000, but further prosecution of the proceedings was not made conditional on payment because that would effectively end the litigation given the...

Court Disposition

Stay dissolved; defendant's notice of motion otherwise dismissed; plaintiff ordered to pay assessed costs; matter stood over for further directions.

Orders

  • ['The stay of the execution and enforcement of the judgment entered in the Local Court at Bellingen on 6 December 2011 granted by Campbell J in orders (1) and (2) made on 2 July 2013 is dissolved.' "The defendant's notice of motion filed by the defendant on 1 August 2013 is otherwise dismissed." "The plaintiff is to...