Zakka v George Elias t/as Cadmus Lawyers [2012] NSWCA 277

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zakka v George Elias t/as Cadmus Lawyers [2012] NSWCA 277 Hearing dates: 3 September 2012 Decision date: 06 September 2012 Before: Macfarlan JA Decision: Order that the respondents' notices of motion seeking security for costs be dismissed with costs. [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 - security for costs - UCPR r 51.50 - whether special circumstances - impecunious appellant - relevance of benefit to appellant's creditors if appeal succeeds Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Green (as liquidator of Arimco Mining Pty Ltd) v CGU Insurance Ltd [2008] NSWCA 148; 67 ACSR 105 Category: Procedural and other rulings Parties: Victor Zakka (Appellant) George Elias t/as Cadmus Lawyers (First Respondent) Delilah Rahe (Second Respondent) Representation: Counsel: M Aldridge SC/M Fraser (Appellant) I Griscti (First Respondent) A J Tudehope (Second Respondent) Solicitors: Maxwell Berghouse & Ives (Appellant) HWL Ebsworth Lawyers (First Respondent) Tudehope Partners (Second Respondent) File Number(s): CA 2007/291423 Decision under appeal Citation: Victor Zakka v Richard Rahe & Ors Date of Decision: 2011-07-15 00:00:00 Before: Balla DCJ File Number(s): DC 2007/291423