Liristis v Danic

The appeal concerned interlocutory orders made by the District Court of New South Wales, which had authorised the sale of uncollected goods. The appellants sought a stay of these orders pending the determination of their appeal.

The primary legal issues before the Court of Appeal were whether the District Court had erred in authorising the sale of the uncollected goods, and whether the appellants were entitled to a stay of those orders. This involved consideration of the meaning of "uncollected goods" under the *Uncollected Goods Act 1995* (NSW) and whether the bailor had been afforded a reasonable opportunity to remove their goods from the premises. The court also considered whether the bailee was entitled to impose conditions on the removal of goods that were not stipulated in the court's order.

Basten JA granted leave to the appellants to file an amended notice of motion. His Honour then ordered a stay of the District Court's order authorising the disposal of the uncollected goods until the determination of the proceedings in the Court of Appeal. The court otherwise dismissed the notice of motion, with costs of the motion to be the appellants' costs in the proceedings.