Sirakas v Alstom Limited & Ors [2012] NSWCA 203

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sirakas v Alstom Limited & Ors [2012] NSWCA 203 Hearing dates: 25 June 2012 Decision date: 25 June 2012 Before: Campbell JA Decision: (1) Notice of Motion dismissed with costs. (2) Parties to approach Registrar promptly to obtain hearing date for appeal. [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 AND NEW TRIAL - stay of proceedings - stay sought based on the possibility of wasting expenditure if appeal were to succeed, and applicant's inability to afford expenditure - only evidence of applicant's inability to afford expenditure is solicitor's affidavit stating he is informed and believes applicant cannot afford to provide money - insufficient evidence to support assertion - application refused Category: Interlocutory applications Parties: George Sirakas (Applicant) Alstom Limited (First Respondent) Alstom Power Romania SRL (Second Respondent) Alstom General Turbo SA (Third Respondent) Representation: Counsel: A Scotting (Applicant) C Harris SC (Respondents) Solicitors: Verekers Lawyers (Applicant) Colin Biggers & Paisley (Respondents) File Number(s): 2012/82854 Decision under appeal Citation: Alstom Limited & Ors v Sirakis (No. 2) [2012] NSWSC 64 Date of Decision: 2012-02-15 00:00:00 Before: White J File Number(s): 2009/291651