Tadrous v Tadrous [2011] NSWCA 87

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tadrous v Tadrous [2011] NSWCA 87 Hearing dates: 4 April 2011 Decision date: 04 April 2011 Before: Young JA Decision: (1) Stay of proceedings declined. (2) Appeal expedited. (3) Security for costs ordered. (4) Directions made. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE- security for costs- UCPR Pt 51 r 50- no security for costs to be awarded for an appeal unless there are special circumstances- special circumstances differ from case to case and one must look at the whole of the circumstances- there are special circumstances if an appeal is considered to be hopeless- in view of lack of detail in notice of appeal, appeal appeared to be in "hopeless" category- leave to amend granted. Legislation Cited: Uniform Civil Procedure Rules Pt 51, r 50 Cases Cited: Lall v 53-55 Hall Street Pty Ltd [1978] 1 NSWLR 310 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 State Rail Authority (NSW) v Earthline Constructions Pty Ltd (in liq) [1999] HCA 3; 160 ALR 588 Category: Interlocutory applications Parties: Michael Tadrous (Appellant) Tanya Tadrous (Respondent) Representation: Counsel: A G Martin (Appellant) J G Renwick and E Peden (Respondent) Solicitors: Proctor & Associates (Appellant) Wyatt Attorneys (Respondent) File Number(s): 2007/258058