Wallis v Rudek (No. 2) [2020] NSWCA 175

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wallis v Rudek (No. 2) [2020] NSWCA 175 Hearing dates: 3 and 11 August 2020 Decision date: 11 August 2020 Before: White JA Decision: Direct counsel to bring in short minutes of order consistent with the reasons. Catchwords: JUDGMENTS AND ORDERS – Court of Appeal – Whether order staying the giving up of vacant possession pending the resolution of appeal proceedings should be discharged – Whether undertakings proffered in support of the stay have been breached – Stay discharged Legislation Cited: Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020 Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No. 4) 2020 Cases Cited: Taunton v Taunton [2019] NSWSC 1513 Wallis v Rudek (No. 2) [2020] NSWSC 215 Wallis v Rudek (No. 3) [2020] NSWSC 338 Category: Procedural and other rulings Parties: Yuri Wallis (First Appellant) Olga Wallis (Second Appellant) Suzanne Rudek (Respondent) Representation: Counsel: B Oliak (Appellants) J Bennett (Respondent)

Solicitors: P Dobrich & Co (Appellants) Optic Lawyers (Respondent) File Number(s): 2020/95805

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]