TT v The Diocese of Saint Maron, Sydney & SS (No 4) [2024] NSWSC 1102

Supreme Court New South Wales

Medium Neutral Citation: TT v The Diocese of Saint Maron, Sydney & SS (No 4) [2024] NSWSC 1102 Hearing dates: 28 August 2024 Date of orders: 28 August 2024 Decision date: 28 August 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. Pursuant to ss 67 or 135 of the Civil Procedure Act 2005 (NSW) and/or r 36.11 and 36.16 of the Uniform Civil Procedure Rules 2005 (NSW), execution of the orders made by the Court on 1 August 2024 are stayed until 1 November 2024 or until further order of the Court made prior to 1 November 2024. 2. The first defendant is to pay the sum of $38,301.51, being 3 months' post-judgment interest on the judgment sum to the plaintiff's solicitors within twenty-one days to be placed immediately into the solicitor's Trust Account and to be used only to meet costs incurred on behalf of the plaintiff. 3. The parties have liberty to relist the matter on 3 days' notice in respect of any extension of a stay or in respect of the actions to be taken arising from para 301 of my principal judgment. Catchwords: CIVIL PROCEDURE – stay of proceedings – pending High Court decision in a different case – stay granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 67, 135 Uniform Civil Procedure Rules 2005 (NSW), rr 36.11, 36.16 Cases Cited: Alexander v Cambridge Credits Corporation Limited (1985) 2 NSWLR 685 Bird v DP (2023) 69 VR 408; [2023] VSCA 66 TT v The Diocese of Saint Maron, Sydney & SS (No 3) [2024] NSWSC 943 Category: Procedural rulings Parties: TT (Plaintiff) The Diocese of Saint Maron, Sydney (First Defendant) SS (Second Defendant) Representation: Counsel: Mr B Kelleher SC (First Defendant) Ms A Campbell (First Defendant) Mr T Hall (Plaintiff)