Levy v Bablis (No 2) [2013] NSWCA 100

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Levy v Bablis (No 2) [2013] NSWCA 100 Hearing dates: On the papers Decision date: 03 May 2013 Before: Beazley P at [1]; Macfarlan JA at [1]; Meagher JA at [1] Decision: (1) Order that the amount of $125,000 paid into Court by the appellant, as security for costs, be paid to the respondent. (2) Appellant's application to discharge confidentiality order, in respect of Exhibit F in the appeal, refused. (3) Order the appellant pay the respondent's costs of the applications dealt with by this judgment. [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: COSTS - security for costs - $125,000 provided by appellant as security for costs of appeal - appellant unsuccessful - ordered to pay respondent's costs - costs not yet assessed or agreed - appellant seeks release of security to him - respondent seeks payment of security to him - respondent's incurred costs exceed $300,000 - fundamental purpose of security to protect respondent from inability of appellant to satisfy order for costs - appellant not contend amount of security likely to exceed recoverable costs - order security be released to respondent Category: Costs Parties: Julian Emmanuel Levy (Appellant) Peter Bablis (Respondent) Representation: Counsel: P Menzies QC, B K Nolan (Appellant) M Condon SC (Respondent) Solicitors: Tsolakis Solicitors (Appellant) Minter Ellison (Respondent) File Number(s): 2006/260173 Decision under appeal Citation: Julian Emmanuel Levy v Peter Bablis & Anor [2011] NSWSC 461 Date of Decision: 2011-05-19 00:00:00 Before: Slattery J File Number(s): 2006/260173