State of New South Wales v Zreika [2011] NSWCA 340

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Zreika [2011] NSWCA 340 Hearing dates: 31 October 2011 Decision date: 31 October 2011 Before: Tobias AJA Decision: 1. The Appellant is granted leave to amend the Notice of Appeal in the form annexed to the affidavit of Zofia Weremczuk dated 27 October 2011; 2. Judgment dated 1 July 2011 in District Court case number 2008/319779 be stayed until the date of judgment by the Court of Appeal upon conditions that: (a) The Appellant pay to the Respondent within 21 days of the receipt by the Appellant of a copy of the Respondent's Authority to receive, the sum of $134,356 on account of the judgment damages together with interest at the Supreme Court rate from the date of judgment to the date of payment; (b) Upon the solicitor for the Respondent, by his counsel, undertaking to the Court that he will personally repay the sum of $150,000, or such part thereof as may be required to be repaid consequent upon the determination of the Appeal, the Appellant pay to the solicitor for the Respondent the sum of $150,000 on account of the Respondent's costs of the trial within 21 days. 3. The appellant pay the Respondent's costs of the Notice of Motion for a stay as agreed or 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: PRACTICE AND PROCEDURE - Stay of judgment - Appropriate conditions of stay Cases Cited: Hood Barrs v Crossman [1987] AC 172 Trad v Harbour Radio Pty Limited [2010] NSWCA 41 Category: Procedural and other rulings Parties: Appellant: STATE OF NEW SOUTH WALES Respondent: Haysam ZREIKA Representation: Appellant: M Neil QC Respondent: D T Kennedy SC/ T Davy Appellant: I V Knight, Crown Solicitor Respondent: Kheir Lawyers File Number(s): 2008/319779 Decision under appeal Date of Decision: 2011-07-01 00:00:00 Before: Walmsley SC DCJ File Number(s): 2008/319779