LIRISTIS v DANIC [2010] NSWCA 250

New South Wales Court of Appeal

CITATION: LIRISTIS v DANIC [2010] NSWCA 250

HEARING DATE(S): 27 September 2010

JUDGMENT DATE: 28 September 2010

JUDGMENT OF: Basten JA at 1

(1) Grant leave to the appellants' to file in Court the amended notice of motion dated 16 September 2010. DECISION: (2) Stay the order of Curtis DCJ authorising the disposal of "uncollected goods" made on 19 July 2010 until the determination of the proceedings in this Court, including any proceedings seeking leave to appeal from the interlocutory orders presently the subject of an arguably invalid notice of appeal. (3) Otherwise dismiss the notice of motion. (4) Order that the costs of the motion be the appellants' costs in the proceedings in this Court.

CATCHWORDS: APPEAL – civil – interlocutory orders – stay pending appeal – orders authorising sale of uncollected goods – stay of proceedings pending provision of security for costs - PERSONAL PROPERTY – bailment – authority to sell uncollected goods of bailor – whether reasonable opportunity to remove goods from premises - PROCEDURE – stay pending appeal – order permitting sale of uncollected goods – whether bailee entitled to impose conditions not contained in court order - WORDS AND PHRASES – "uncollected goods" – Uncollected Goods Act 1995 (NSW), s 5

LEGISLATION CITED: Supreme Court Act 1970 (NSW), s 101 Uncollected Goods Act 1995 (NSW), ss 3, 5

CATEGORY: Procedural and other rulings

Tony Liristis – First Applicant Tasos Liristis – Second Applicant PARTIES: Rita Liristis – Third Applicant Gabriel Danic – First Respondent Steven Danic – Second Respondent