Transpacific Cleanaway Pty Ltd v Cairns

In *Transpacific Cleanaway Pty Ltd v Cairns*, heard before Macfarlan JA of the Supreme Court of New South Wales, the applicant sought a stay of a judgment granted to the respondent pending the determination of an appeal. The core of the dispute revolved around the applicant's concern that if the appeal were successful, the respondent might face significant difficulty or delay in repaying the judgment sum.

The primary legal issue before the Court was whether to grant a stay of the judgment. This required the Court to consider the potential prejudice to the applicant if the stay was refused and the appeal succeeded, weighed against any prejudice to the respondent if the stay was granted. Specifically, the Court had to assess the risk of the respondent being unable to repay the judgment sum without difficulty or delay, and whether the respondent had demonstrated a need for the money pending the appeal.

Macfarlan JA reasoned that the applicant had established a sufficient risk that the respondent would be unable to repay the judgment sum without difficulty or delay should the appeal succeed. The Court noted the absence of any identified need for the money by the respondent pending the appeal, and the inherent difficulty in enforcing a judgment for restitution of a sum of money. Consequently, the Court ordered that the judgment of McLoughlin DCJ dated 26 April 2012 be stayed pending the determination of the appeal or until further order. The costs of the application for the stay were made costs in the appeal.