Sami & Anor v Roads Corporation [2009] VSCA 44

Court of Appeal (Vic)|2009-02-20|Before: REDLICH JA and WILLIAMS AJA

The application for a stay of the orders made by Master Kings on 31 August 2007, on 10 October 2007 and 22 April 2008 be dismissed.
The applicants pay the respondent's costs of this application.

[2] Joskovitz v Bonnick [1964] VicRp 83; [1964] VR 654, 656 (Herring CJ).

[3] State Bank of Victoria v Parry [1989] WAR 240, 244 (Malcolm CJ); Re Middle Harbour Investments Ltd (In Liq) (Unreported, Supreme Court of New South Wales, Court of Appeal, Mahoney JA, 15 December 1976, 2).

[4] TC Trustees Ltd v JS Darwen (Successors) Ltd [1969] 2 QB 295; State Bank of Victoria v Parry [1989] WAR 240, 244 (Malcolm CJ).

[5] Reading Entertainment Australia Pty Ltd v Burstone Victoria Pty Ltd (No. 2) [2005] VSC 137.

[6] See State Bank of Victoria v Parry [1989] WAR 240.

[8] [1878] 3 CPD 202, 205; see also Eastman v Wilson [1938] VicLawRp 18; [1938] VLR 83 where Grant was followed.

[9] Unreported, Supreme Court of Victoria, Chernov J, 26 June 1998.

[11] See: Cellante and ors v G. Kallis Industries Pty Ltd [1991] VicRp 99; [1991] 2 VR 653, 655 (Young CJ, Brooking J agreeing); Maher and Anor v Commonwealth Bank of Australia and Anor [2008] VSCA 122, [21] (Dodds-Streeton JA, Redlich JA agreeing).

[12] See: McMahon v National Foods Milk Ltd [2008] VSCA 237; Orrong Strategies Pty Ltd and Ors v Village Roadshow Ltd [2007] VSCA 320; Narain v Euroasia (Pacific) Pty Ltd [2008] VSCA 195; Chen v Chan (Unreported, Supreme Court of Victoria, Court of Appeal, Maxwell P and Dodds-Streeton JA, 21 December 2007) and Li v Herald & Weekly Times Pty Ltd. [2008] VSCA 2001.

[14] Alexander & Ors v Cambridge Credit Corporation Ltd (Receivers appointed) & Anor [1985] 2 NSWLR 685, 695 (Kirby P, Hope and McHugh JJ); see also: Orrong Strategies Pty Ltd and Ors v Village Roadshow Ltd [2007] VSCA 320, [10] (where the Court could not say prospects of appeal were 'near hopeless') and Narain v Euroasia (Pacific) Pty Ltd [2008] VSCA 195, [25]-[26] (where the Court considered whether points were arguable).

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