Liristis v Gadelrabb [2011] NSWCA 207

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Liristis v Gadelrabb [2011] NSWCA 207 Hearing dates: 20 July 2011 Decision date: 20 July 2011 Before: Basten JA Decision: (1) In relation to the affidavit of Mr Liristis of 19 July 2011: (a) admit paragraphs 5-7, and 60-65 as relevant to the question of prejudice; (b) reject paragraphs 37-55; (c) admit paragraphs 8-29 for the limited purpose of explaining the claim made by Mr Liristis; (d) admit the remaining paragraphs of the affidavit. (2) Dismiss the motion to stay orders 1-6 made by Ward J on 20 June 2011 (the interlocutory orders). (3) Pending determination of the proceedings in this Court, or further order, stay enforcement of: (a) order 7 to the extent that is necessary; (b) orders 9-12 (the financial orders); and (c) stay order 8 (requiring Mr Liristis to vacate the premises and permitting the issue of a writ of possession by 1 August 2011) on condition that Mr Liristis pay an occupation fee of $350 per fortnight, such payments - (i) to commence on Friday, 22 July 2011 (in relation to the period ending on that day) and fortnightly thereafter; (ii) into an account to be notified by the respondent's solicitors. (4) Costs of the motion are to be costs in the application for leave to appeal. (5) Each party to have liberty to apply on 3 days' notice. (6) Reject the application of Mr Liristis to vary order 3(c)(i) as to the date and amount of the first payment. [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 - civil - appeal - stay of order for possession of house pending application for leave to appeal - whether stay required to preserve subject matter of proceedings - merit of leave application - balance of convenience - whether stay should be conditioned on payment of occupation fee Cases Cited: House v The King (1936) HCA 40, 55 CLR 499 Category: Procedural and other rulings Parties: Tony Liristis - Applicant Julia Gadelrabb - Respondent Representation: Counsel: