Lambourne v Baker (No 4) [2024] NSWCA 132

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lambourne v Baker (No 4) [2024] NSWCA 132 Hearing dates: 28 May 2024 Date of orders: 31 May 2024 Decision date: 31 May 2024 Before: Basten AJA Decision: (1) Dismiss Mr Lambourne's recusal application. (2) Dismiss Mr Lambourne's adjournment application. (3) Dismiss the respondents' application to reopen and vary the orders made by the Court on 2 March 2022. (4) Grant the respondents leave to rely upon the amended notice of motion, filed on 19 April 2024, seeking payment out of moneys paid into Court. (5) Order that the sum of $210,249.00 paid into Court on 21 March 2022, together with such interest as may have accrued on that sum, be disbursed as follows: (a) payment of $186,214.86 to the respondents; and (b) payment of the balance to the third appellant (Punters Show Pty Ltd). (6) There be no order as to the costs of the motions with the intention that each party bear its own costs. Catchwords: CIVIL PROCEDURE – recusal application – adjournment application – application pursuant to slip rule to vary orders made in 2022 – judgment in favour of one appellant with set off for respondents' costs – judgment stayed and amount paid into court pending determination of costs of otherwise successful respondents – order for payment out Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), rr 1.12, 36.15, 36.16, 36.17 Cases Cited: Bailey v Marinoff (1971) 125 CLR 529; [1971] HCA 49 Gamser v Nominal Defendant (1977) 136 CLR 145; [1977] HCA 7 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Category: Consequential orders Parties: Marc Alan Lambourne (First Appellant) (unrepresented) Glenn Craig Pollett (Second Appellant) Punters Show Pty Limited (Third Appellant)