Menzies v Paccar Financial Pty Ltd

In *Menzies v Paccar Financial Pty Ltd*, the New South Wales Court of Appeal considered an application by the unrepresented appellants for a stay of money and possession orders pending their appeal, and for an adjournment to obtain legal representation.

The primary legal issue before the Court was whether to grant an adjournment of the proceedings to allow the appellants a reasonable opportunity to secure legal representation, and consequently, whether to extend the existing stay of the orders made by the primary court. The Court also had to determine the terms upon which any further stay would be granted, considering the interests of both parties.

Leeming JA reasoned that there was a real prospect that the appellants might obtain legal representation in the imminent future, justifying an adjournment. The Court applied principles relating to the grant of stays pending appeal, balancing the appellants' need for representation against the respondent's rights. The Court ultimately granted an extension of the existing stays of the money and possession orders until a specified date, and further stayed the money orders until 28 days after the determination of the appeal, subject to the appellants prosecuting the appeal with reasonable diligence. The possession orders were to become effective on a specified date, conditional upon the respondent's undertaking to store and deliver the equipment with due care. The parties were also granted liberty to apply to be heard further on these orders.