Stone v Farrow Mortgage Services [1999] NSWCA 114

New South Wales Court of Appeal CITATION : Stone v Farrow Mortgage Services [1999] NSWCA 114 FILE NUMBER(S) : CA 40353/97 HEARING DATE(S) : 16-04-99 JUDGMENT DATE : 16 April 1999

PARTIES : Farrow Mortgage Services Pty Limited (in liquidation) - claimant/respondent George Barry Everett Stone - opponent/appellant JUDGMENT OF : Registrar Jupp

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 50019/94 LOWER COURT JUDICIAL OFFICER : Bainton J

COUNSEL : Mr White - claimant Mr Stone (litigant in person) - opponent SOLICITORS : Clayton Utz - claimant unrepresented - opponent CATCHWORDS : Security for Costs DECISION : motion dismissed; costs of motion to be appellant's costs in the appeal

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

REGISTRAR JUPP

FRIDAY 16 APRIL 1999

040353/97 - GEORGE STONE -v- FARROW MORTGAGE SERVICES PTY LTD (IN LIQUIDATION)

JUDGMENT

1. REGISTRAR: By notice of motion filed 19 March 1999, the respondent, Farrow Mortgage Services Pty Ltd (In Liquidation) has sought an order that the appellant provide security for costs of the appeal. The amount sought in the notice of motion is $23,500.

2. The proceedings are an appeal against a decision of Bainton J of 23 May 1997. He entered a judgment against the appellant in the sum of $1,765,853 and dismissed a cross-claim brought by Mr Stone seeking damages against the respondent.

3. A notice of appeal without appointment was filed on 18 June 1997. A notice of appeal with appointment was filed on 16 September 1997. Certain supplementary notices of appeal and addendums to the appeal have subsequently been filed.