Cassaniti v Katavic [2023] NSWCA 32

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cassaniti v Katavic [2023] NSWCA 32 Hearing dates: 27 February 2023 Date of orders: 28 February 2023 Decision date: 28 February 2023 Before: Gleeson JA; Kirk JA; Adamson JA Decision: (1) That paragraphs 2, 3 and 4 of the notice of motion filed 2 February 2023 be dismissed with costs. (2) That further to order 3 made by Macfarlan JA on 10 November 2022, of the funds held in Court for the second respondent, Antalija Developments No 4 Pty Ltd, as trustee for the Antalija Unit Trust, the amount of $100,000 be paid out of Court to the second respondent. Catchwords: APPEALS — Procedure — Injunction pending appeal — application to restrain respondent trustee using monies ordered to be paid out of Court for payment of legal costs in defending appeal — Where no application to discharge or vary orders made by single judge of appeal for payment of monies out of Court to the trustee — Whether circumstances had materially changed since order made — Supreme Court Act 1970 (NSW), s 46(4) Legislation Cited: Supreme Court Act 1970 (NSW), s 46(4) Cases Cited: McGinn v Cranbrook School [2016] NSWCA 226 Reliance Financial Services Pty Ltd v Antalija Developments (No 4) Pty Ltd [2022] NSWSC 519 Transglobal Capital Pty Ltd v Yolarno Pty Ltd (2004) 60 NSWLR 143; [2004] NSWCA 136 Category: Procedural rulings Parties: Sam Cassaniti (First appellant) Nancy Morvillo (Second appellant) Dennis Katavic (First respondent) Antalija Developments No 4 Pty Ltd (Second respondent) Jocelyn Katavic (Third respondent) Representation: Counsel: Mr M Ashhurst SC / Mr D A Allen Mr T Alexis SC / Mr A L Oakes