Ah Sam v Mortimer

Ah Sam (the appellant) sought a stay of proceedings pending an appeal against orders made by the primary judge on 31 May 2021. Mortimer (the respondent) was the other party to the proceedings. The application was heard by Payne JA in the Court of Appeal.

The primary legal issue before the Court was whether to grant a stay of the orders made on 31 May 2021, and consequently, to vary the directions for the filing of appeal materials. This involved considering the appropriate procedural steps to facilitate the hearing of the appeal.

Payne JA determined that the existing directions were not suitable for the efficient progression of the appeal. The court's reasoning led to the vacation of the scheduled directions hearing and the substitution of new orders. These new orders prescribed specific page limits and filing deadlines for written submissions from both parties, and importantly, dispensed with the usual requirement for multiple coloured books. Instead, the court ordered that four copies of a white folder, containing essential documents such as submissions, the notice of appeal, the judgment below, transcript, and all evidence from the trial, be filed by the appellant.

The court ordered that the directions hearing be vacated and set aside the previous orders regarding the filing of appeal materials. In their place, the court ordered that Mr Mortimer file written submissions of no more than 20 pages by 28 July 2021, and Mr Ah Sam file written submissions in reply of no more than 10 pages by 4 August 2021. Furthermore, the court dispensed with the requirement for red, orange, blue, and black books, ordering in lieu thereof that four copies of a white folder or folders be filed by Mr Ah Sam by 10 August 2021, containing specified documents.