Barakat v Goritsas [2012] NSWCA 8

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Barakat v Goritsas [2012] NSWCA 8 Hearing dates: 9 February 2012 Decision date: 09 February 2012 Before: Basten JA Decision: (1) Direct that the application for leave to appeal and the proposed appeal be heard concurrently. (2) Order that there be a stay of the proceedings in the Common Law Division pending determination of the proceedings in this Court. (3) Order (2) will cease to operate if before the proceedings in this Court are determined, they lose their utility because of a change in the composition of the Common Law Division for the purpose of the continuation of the pending proceedings. (4) Grant leave to the parties to approach the Registrar forthwith to fix the hearing of the application for leave to appeal and the appeal with expedition, on the basis that the hearing will be completed in one day. [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: APPEAL - application for leave to appeal - basis of stay pending appeal -applicant to show reasonably arguable case for leave

PROCEDURE - civil - judgments and orders - refusal to disqualify for apprehended bias - stay sought pending appeal -whether applicant need identify an interlocutory order, other than a refusal to recuse - discussion of Michael Williams & Partners v Nicholls [2011] HCA 48; 282 ALR 685