Liristis v Danic [2011] NSWCA 239

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Liristis v Danic [2011] NSWCA 239 Hearing dates: 12 August 2011 Decision date: 12 August 2011 Before: Basten JA at 1 and 22; Young JA at 20 Decision: 1. Application for leave refused. 2. Mr Tony Liristis to pay the respondent's costs of the proceedings in this Court as agreed or as assessed [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: COSTS - security for costs - leave to appeal - power of district court to stay proceedings brought by individual plaintiff pending provision of security - Civil Procedure Act 2005 (NSW) s 67 - judicial discretion - no error of principle identified

PROCEDURE - civil - leave to appeal - apprehended bias - previous professional relationship with judge - allegations to circumstances of termination - non-disclosure of details - absence of clear evidence - conduct of judge during hearing - tapes obtained but not tendered - whether arguable ground of appeal

PROCEDURE - civil - leave to appeal - waiver provided as condition of order for access to premises - lawfulness of condition Legislation Cited: District Court Act 1973 (NSW), ss 127, 156 Civil Procedure Act 2005 (NSW), s 67 Cases Cited: Philips Electronics Australia Pty Ltd v Matthews (2002) NSWCA 157, 54 NSWLR 598 Category: Principal judgment Parties: Tony Liristis - First Applicant Tasos Liristis - Second Applicant Rita Liristis - Third Applicant