Barakat v Estate of the late Stavre Bazdarov [2011] NSWCA 233

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Barakat v Estate of the late Stavre Bazdarov [2011] NSWCA 233 Hearing dates: 8 August 2011 Decision date: 08 August 2011 Before: Basten JA Decision: (1) On the undertaking of the appellants to prosecute the appeal expeditiously in this Court, stay the judgment given in the District Court dated 24 June 2011. (2) Order that the costs of the motion for the stay be costs in the appeal. [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 - stay pending appeal - whether grounds arguable - whether prejudice to respondent if stay granted - likelihood of recovery if judgment overturned on appeal Category: Procedural and other rulings Parties: Tony Barakat, Russell Walter Keddie and Scott John Roulstone Trading as Keddies Lawyers - Appellants

Estate of the Late Stavre Bazdarov - Respondent Representation: Counsel:

Mr J Morris - Appellants

Mr G O'Mahoney - Respondent Solicitors:

Verekers Lawyers - Appellants

Firths The Compensation Lawyers - Respondent File Number(s): CA 2011/240564 Decision under appeal Date of Decision: 2011-06-24 00:00:00 Before: Ashford DCJ File Number(s): DC 2011/15729