Sinanovic v Portbear Pty Ltd [2012] NSWCA 158

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sinanovic v Portbear Pty Ltd [2012] NSWCA 158 Hearing dates: 21 May 2012 Decision date: 21 May 2012 Before: Tobias AJA Decision: (1) Within the said period of fourteen days, the applicant shall pay to the respondent the sum of $62,510, together with the amount of $192.86 per day for each day after 18 May 2012 until the said amount of $62,510 is paid in full. (2) The applicant shall within three days of today advise the respondent's solicitor in writing of his current residential address at Gymea. (3) In the event of the failure of the applicant to comply with conditions (1) or (2), the stay of execution of the warrant shall be automatically discharged. (4) The applicant to pay the respondent's costs of the notice of motion filed on 18 May 2012. (5) The applicant shall within 28 days of today file and serve on the respondent an amended summons under s 69 of the Supreme Court Act 1970 setting out in detail the grounds on which it is alleged that he is entitled to relief under that section. (6) Liberty to the applicant to apply on three days written notice to the respondent to re-list the Summons before the Registrar of the Court of Appeal for the purpose of obtaining an extension of time to comply with par 5 above in the event that the availability of the judgment of Knox DCJ is delayed. (7) Liberty to either party to apply on 24 hours notice to me by notice to my Associate for any further orders or relief, that liberty to cease on 8 June 2012. [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 - notice of motion filed seeking a suspension of the execution of a sheriff's warrant for possession - notice of motion is pending on the hearing of a summons pursuant to s 69 Supreme Court Act 1970 for judicial review - applicant seeks judicial review of a District Court decision which rejected an appeal of the decision of the CTTT to terminate a lease based on the ground of non payment of rent