Lianos v Order of AHEPA NSW Inc (No 3) [2020] NSWCA 340

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lianos v Order of AHEPA NSW Inc (No 3) [2020] NSWCA 340 Hearing dates: 14 December 2020 Decision date: 17 December 2020 Before: Basten JA Decision: (1) To the extent necessary, grant the applicants leave to file and rely upon the amended notice of motion provided to the Court on 14 December 2020. (2) Direct that the amended notice of motion, if not already filed, be filed forthwith. (3) Grant leave to the applicants on the motion to read the affidavit of Christine Louise Perry sworn 10 December 2020, subject to the following restrictions: (a) pars 16 (last sentence), 18(a) the words after "have not been heard",(c),(d),(e), 19 and 20(a),(b),(c) be accepted as assertions, rather than as statements as to the truth of the assertions; (b) pars 25-28 be accepted as submissions. (4) Extend the stay ordered by this Court on 26 November 2020 with respect to orders 1-5 made by it on that date, until the determination of the reopening application. (5) Costs of the stay application to be the applicants' costs of the motion. Catchwords: APPEALS – reopening application by non-party – stay of orders pending determination of reopening application – extension of stay granted by court making orders – admissibility of further evidence PRACTICE AND PROCEDURE – stay – joinder of affected party – whether opportunity to be heard – whether arguable case to adduce further evidence – balance of convenience Legislation Cited: Corporations Act 2001 (Cth), s 440D Supreme Court Act 1970 (NSW), s 75A Cases Cited: John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1; [2010] HCA 19 Lianos v Order of AHEPA NSW Inc [2020] NSWCA 193 Lianos v Order of AHEPA NSW Inc (No 2) [2020] NSWCA 304 Category: Procedural and other rulings Parties: George Lianos (First Appellant) Con Gouros (Second Appellant) Luke Kyprios (Third Appellant) Order of AHEPA NSW Inc (Administrator Appointed) (First Respondent) NSW Commissioner for Fair Trading (Second Respondent)