Portaccomm Building Systems Pty Ltd v Southern Sheet & Coil Pty Ltd

Portaccomm Building Systems Pty Ltd (appellants) sought a stay of execution of judgments obtained by Southern Sheet & Coil Pty Ltd (respondent) pending an appeal. The appellants also sought leave to further amend their notice of motion to seek an order for payment of the judgment debts by instalments.

The primary legal issue before Macfarlan JA was whether to grant the stay of execution and the application to amend the notice of motion. This required the court to consider the prospects of success on appeal and the adequacy of evidence regarding the appellants' financial position.

Macfarlan JA refused the application for a stay of execution, finding that the prospects of success on appeal were poor and that the evidence of the appellants' financial position was inadequate to justify such an order. The court also refused leave to the appellants to further amend their notice of motion to seek an order for payment by instalments, dismissing the appellants' amended notice of motion with costs.