Glad Retail Cleaning Pty Ltd v Alvarenga

In the matter of *Glad Retail Cleaning Pty Ltd v Alvarenga*, the appellant, Glad Retail Cleaning Pty Ltd, sought a stay of a judgment made by Judge Elkaim on 28 March 2013. The dispute arose in circumstances where the plaintiff was not seeking to enforce the judgment against Glad Retail Cleaning, but rather against a joint tortfeasor, Mirvac, who had not yet filed a notice of appeal.

The primary legal issue before the court was whether to grant a stay of the judgment pursuant to UCPR 51.44. This involved considering the circumstances of the plaintiff's enforcement efforts against a co-defendant and the impending appeal by the appellant.

McColl JA considered the application for a stay. The court noted that the plaintiff was not seeking to enforce the judgment against Glad Retail Cleaning, but rather against Mirvac, who was a joint tortfeasor and had not yet filed an appeal. The court granted Glad Retail Cleaning's motion for a stay of the judgment until the determination of its appeal. In relation to Mirvac's separate motion, the court granted a limited stay and directed Mirvac to file and serve a motion seeking an extension of time to file a notice of appeal, supported by an affidavit and a draft notice of appeal, to be heard by the Registrar. The costs of both motions were to be costs in the appeal.