Saleh v Romanous [2010] NSWCA 373

New South Wales Court of Appeal

CITATION: Saleh v Romanous [2010] NSWCA 373

HEARING DATE(S): 6, 16 December 2010 JUDGMENT OF: McColl JA at 1

EX TEMPORE JUDGMENT DATE: 16 December 2010

DECISION: 1. Upon the undertaking of the Second Appellant, to prosecute her application for special leave to appeal, and if each application be granted, the appeal, with due diligence and expedition, order that the orders made by Justice Forster on 20 November 2009 be stayed until the hearing and determination of the Applicant's application for special leave to the High Court of Australia, and if special leave be granted, until the hearing and determination of her appeal. 2. Order that the Second Appellant be restrained until further order, without the consent of the Respondents in writing, from selling, transferring, mortgaging, charging, further encumbering or otherwise dealing in any way with the properties referred to in paragraph 17 of her affidavit of 19 November 2010, the Business referred to in that affidavit, being the business known as Cosmopolitan Shoes at Double Bay and any interest in Cosmo (NSW) Pty Ltd (together "the Properties") and from doing anything whereby any of the same may be done in respect of the Properties. 3. Order that the Second Appellant be restrained until further order, without the consent of the Respondents in writing from increasing the borrowings secured upon any of the Properties and from doing or failing to do anything whereby any such borrowings may be increased, except for any drawings on the overdraft facility referred to in paragraph 19 of the said affidavit up to the limit as referred to in that affidavit and except in respect of the accumulation of interest in accordance with the terms of any relevant agreements with the lenders having the benefit of the said securities. 4. Order the Second Appellant to pay the costs of the hearing on 6 December 2010 and that the costs of the hearing today and of the application be costs in the application for special leave. 5. Grant liberty to the parties to apply on 2 days' notice.