Rana v Survery [2012] NSWCA 394

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rana v Survery [2012] NSWCA 394 Hearing dates: 26 November 2012 Decision date: 03 December 2012 Before: Beazley JA Decision: 1. The appellants are to file and serve a summons for leave to appeal within 7 days of today's date; 2. Direct that the summons for leave to appeal and the appeal be heard concurrently; 3. Expedite the hearing of the summons for leave to appeal and the appeal; 4. Dispense with the requirement to file a White Book; 5. Direct the appellants to file and serve a written submission comprising no more than 2 pages as to why leave should be granted by 10 December 2012; 6. Direct that the matter be listed before the Registrar on Monday 10 December 2012 for further directions; 7. The appellants' notice of motion filed 5 November 2012 is otherwise dismissed; 8. The appellants' alternative claim for injunctive relief is dismissed; 9. The appellants are to pay the respondents' costs of the 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: STAYS - Application for stay of parties' agreement pending judgment - Stay not available.