NSW Caselaw
New South Wales Supreme Court
CITATION : Sewell v Zelden (No. 3) [2010] NSWSC 1361
HEARING DATE(S) : 18 November 2010
JUDGMENT DATE : 23 November 2010
JURISDICTION : Equity Division
JUDGMENT OF : Rein J
1. Upon performance of the condition in Order 2, stay the orders made by this Court on 1 October 2010 ([2010] NSWSC 1181) up to and including the date upon which the defendants' appeals are determined. 2. The conditions to which Order 1 refer are that: DECISION : (a) The first defendant within 14 days to pay the sum of $170,000 to the plaintiff. (b) Each of the defendants undertaking to the Court to proceed expeditiously with their appeals. 3. Any undertaking to be given to the Court in pursuance of these orders may be given by filing a signed form of undertaking in the Registry. 4. The defendants to pay the plaintiff's costs of the Notice of Motion filed on 8 November 2010.
CATCHWORDS : APPEAL AND NEW TRIAL - appeal - practice and procedure - New South Wales - stay of proceedings - application for stay of judgment and orders - conditions of stay
LEGISLATION CITED : Uniform Civil Procedure Rules (2005) NSW
CATEGORY : Procedural and other rulings
Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737 CASES CITED : Sewell v Zelden [2010] NSWSC 1180 Sewell v Zelden (No. 2) [2010] NSWSC 1181 TCN Channel 9 Pty Limited v Antoniadis (No. 2) (1999) 48 NSWLR 381
Phillip Malcolm Sewell (plaintiff) PARTIES : Boris Zelden (first defendant) Henamast Pty Limited (second defendant) Elena Zelden (third defendant)
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