Levy v Bablis [2011] NSWCA 411

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Levy v Bablis [2011] NSWCA 411 Hearing dates: 12 December 2011 Decision date: 12 December 2011 Before: Giles JA Decision: I order that the appellant provide security for the costs of the respondent in the sum of $125,000 in the manner following. The security is to be paid into court or such other manner as the Registrar may direct on application to abide the further order of the Court. $30,000 is to be paid into court in the first instance. Forthwith upon the disposal of the respondent's application strikeout application pursuant to the notice of motion filed on 17 November 2011 the balance of $95,000 is to be paid. The appeal is stayed pending payment into court of the first amount of $30,000, and in the event that the disposal of the respondent's dismissal application is such that the appeal continues is thereafter to be stayed pending payment of the remaining $95,000. I adjourn the dismissal application pursuant to the said notice of motion to 30 January 2012 before the Registrar. [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 Court146s 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: APPEAL - security for costs - unresolved application for summary dismissal - impecunious appellant - weak appeal - other costs unpaid - non-compliance with directions - special circumstances (UCPR 51.50) - not shown appeal would be stultified - security ordered - initial amount pending resolution of summary dismissal application - further amount thereafter. Cases Cited: Hastings v Hastings [2009] NSWCA 294; Piras v Egan [2007] NSWCA 26. Category: Procedural and other rulings Parties: Julian Emanuel Levy - Appellant Peter Bablis - Respondent Representation: P Menzies QC & B Nolan - Appellant/Respondent on motion M Condon - Respondent/Applicant on motion McLachlan Thorpe Partners - Appellant Minter Ellison - Repondent File Number(s): 2006/260173 Decision under appeal Citation: Levy v Bablis [2011] NSWSC 461 Date of Decision: 2011-05-19 00:00:00 Before: Slattery J File Number(s): 2006/260173