Soo v Fisher and Ors trading as Fisher Cartwright Berriman

In the matter of *Soo v Fisher and Ors trading as Fisher Cartwright Berriman*, Hodgson JA of the Supreme Court of New South Wales considered an application for a stay of execution pending appeal. The applicants sought to stay the execution of orders made by Acting Justice Smart on 16 July 2009 and 29 July 2009.

The central legal issue before the court was whether leave to cross-appeal was necessary when an appeal was seeking damages substantially in excess of $100,000. This question arose in the context of the applicants' desire to pursue a cross-appeal alongside the main appeal.

Hodgson JA determined that the applicants should be relieved of the usual compliance with the Uniform Civil Procedure Rules regarding the application for leave to cross-appeal. The court made orders that execution upon the earlier orders be stayed until further order. Furthermore, the court modified the procedural requirements for the cross-appeal, allowing it to be heard concurrently with the main appeal and specifying the documents to be used. The costs of the motion were to be costs in the application for leave to cross-appeal and the cross-appeal itself, regardless of whether leave was granted or deemed unnecessary.