AZRIEL v SFHIR [1997] NSWCA 35

AZRIEL v SFHIR

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

COLE JA 11 August 1997

[1997] NSWCA 35

Cole JA. This is an application brought by Mr Azriel, who appeared in person, seeking a review of the decision of Registrar Jupp delivered on 14 July 1997.

Registrar Jupp had before him two notices of motion. One was a notice of motion brought by the first respondent, the opponent in these proceedings, seeking a release of the sum of $ 2,500 which, pursuant to a previous order of this court, the applicant, Mr Azriel, had been obliged to pay into court as security for costs after an appeal. The order directing payment of that sum by way of security was pursuant toan application brought in that respect which was heard by Mr Justice Handley and was dated 26 July 1993. Subsequently, the appeal in respect of which the security for costs had been ordered was heard by the Court of Appeal on 28 March 1996. The court dismissed the appeal and ordered that Mr Azriel pay the costs of that appeal.

The notice of motion seeking release of that sum to the respondent, Mr Sfhir, was filed on 23 June 1997 and it provoked a contrary notice of motion filed by Mr Azriel, seeking that there be a stay of the judgment which ordered payment of costs. The form of order sought in the notice of motion filed by Mr Azriel sought the following orders:

Stay of judgment to the plaintiff for the sum of $ 2,500 held by this honourable court as appealing for security for costs.

Mr Azriel has apparently filed a notice of motion in the High Court seeking leave to appeal from the decision of this Court delivered on 26 March 1996. It is said that the application for special leave to appeal will be heard in November 1997.

The principal contention advanced by Mr Azriel before the Registrar and before me was that in the circumstance that the application for leave to appeal before the High Court will be heard perhaps in November 1997, then it was premature for the Registrar to make an order releasing the $ 2,500 held in Court as security to the respondent, Mr Sfhir.