Iacullo v Behrens [Orders & Costs] [2006] NSWSC 127

New South Wales Supreme Court

CITATION : Iacullo v Behrens [Orders & Costs] [2006] NSWSC 127

HEARING DATE(S) : 24 February 2006

JUDGMENT DATE : 24 February 2006

JUDGMENT OF : Smart AJ at 1

EX TEMPORE JUDGMENT DATE : 03/06/2006

DECISION : See para 9

LEGISLATION CITED : Nil

CASES CITED : Nil

PARTIES : Dominic Iacullo & Anor v Uwe Behrens & Anor

FILE NUMBER(S) : SC 5466/04

COUNSEL : (P) Mr M Ashurst (D) Mr F Gleeson

SOLICITORS : (P) Michell Sillar (D) Aitken McLachlan Thorpe

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

SMART AJ

FRIDAY 24 FEBRUARY 2006

5466/04:

DOMINIC IACULLO & 1 ORS v UWE BEHRENS & 1 ORS [No 2] JUDGMENT

1 . HIS HONOUR : I have been presented with an amended draft which has been agreed to by the parties save for order number 10. That presently reads: "The Plaintiffs deliver to the Defendants a discharged mortgage number 8953490K in registrable form, executed by the Plaintiffs within 7 days of the dates of these orders."

2. Mr Schneider has pointed out that the plaintiffs are concerned that they would have to move for an immediate stay if that order remains in its present form while they consider whether they wish to appeal.

3. The Plaintiffs have already had the judgment for a period of 14 days. It is a long judgment and I do not regard it as unreasonable that they should have a period of 21 days from today to determine whether they wish to file a notice of appeal. It is a case where I regard it as appropriate to grant a stay pending the determination of an appeal if one were lodged.