El-Hadi v Australian Timbers Pty Limited (No. 2) [2020] NSWSC 1611

El-Hadi v Australian Timbers Pty Limited (No. 2) [2020] NSWSC 1611

There was a serious question to be tried regarding whether the Magistrate's factual findings about alternative signatures and the onus of proof were open on the evidence; the balance of convenience favoured granting a stay as the plaintiff would suffer disproportionate detriment if the judgment were enforced pending appeal.

Parties
Plaintiff: Mohamad El-Hadi; Defendant: Australian Timbers Pty Limited
Jurisdiction
Australia
Judgment Date
13 November 2020
Procedural Posture
Application for Stay Pending Appeal / Interlocutory Application for Stay Prior to Hearing of Appeal
Outcome
Stay granted pending appeal.
Legal Topics
Stay of Judgment, Appeal From Local Court, Triable Issue, Balance of Convenience, Natural Justice
Practice and Procedure Stay of Judgment Appeal From Local Court Triable Issue Balance of Convenience Natural Justice

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Parties

Mohamad El-Hadi

Plaintiff

Australian Timbers Pty Limited

Defendant

Procedural Posture

Application for Stay Pending Appeal / Interlocutory Application for Stay Prior to Hearing of Appeal

Legal Issues

  1. 1 Whether the Magistrate erred in finding the signature on the Guarantee could be the plaintiff’s despite its difference from his signature on his licence
  2. 2 Whether findings about alternative signatures or deliberate change in signature were open on the evidence
  3. 3 Whether the reasoning reversed the onus of proof

Ratio Decidendi

There was a serious question to be tried regarding whether the Magistrate's factual findings about alternative signatures and the onus of proof were open on the evidence; the balance of convenience favoured granting a stay as the plaintiff would suffer disproportionate detriment if the judgment were enforced pending appeal.

Court Disposition

Stay granted pending appeal.

Orders

  • Until further order of the court the judgment of Magistrate Kennedy in the Local Court on 7 August 2020 is stayed.
  • Listing of proceedings confirmed for hearing on 12 February 2021.