Moon v Mun [2012] NSWCA 369

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Moon v Mun [2012] NSWCA 369 Hearing dates: 5 November 2012 Decision date: 05 November 2012 Before: Barrett JA Decision: (1) Order that the judgment of the Local Court made on 7 March 2012 in proceedings 2011/00286543 be stayed until determination of the pending summons for leave to appeal filed in this Court and, if leave is granted, until the determination of the appeal or, in any case, until earlier order of this Court. (2) Order that the respondent to the notice of motion filed on 11 October 2012, pay the applicants costs of that notice of motion. [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: PROCEDURE - application for stay pending hearing of application for leave to appeal - no matter of principle Legislation Cited: Uniform Civil Procedure Rules, rule 17.7 Cases Cited: Kalifair Pty Ltd v Digi-Tech (Australia) Ltd [2002] NSWCA 383; (2002) 55 NSWLR 737 Category: Interlocutory applications Parties: Young Soo Moon - First Applicant Sung Shim Lim - Second Applicant Soon Sil Mun - Respondent Representation: J Hewitt - Applicants A Chee - Respondent Dahan Lawyers - Applicants KDL Legal - Respondent File Number(s): 2012/286045 Decision under appeal Citation: [2012] NSWSC 973 Date of Decision: 2012-08-24 00:00:00 Before: Schmidt J File Number(s): 2012/99913