Carnemolla v Adelaide Bank Ltd [2013] NSWCA 166

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Carnemolla v Adelaide Bank Ltd [2013] NSWCA 166 Hearing dates: 3 June 2013 Decision date: 03 June 2013 Before: Barrett JA Decision: 1. The notice of motion filed on 22 May 2013 seeking a stay is dismissed with costs. 2. The exhibits tendered and admitted upon the hearing of the notice of motion may be returned after fourteen days. [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 determination of application for special leave to appeal to High Court of Australia - no matter of principle Legislation Cited: Judiciary Act 1903, s 35A Cases Cited: Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd [1986] HCA 84; (1986) 161 CLR 681 Rinehart v Welker [2012] NSWCA 1; (2012) 185 ALR 191 Category: Interlocutory applications Parties: Sebastian Carnemolla - First Applicant Lucia Carnemolla - Second Applicant Adelaide Bank Ltd - First Respondent Leon Angelopoulos - Second Respondent PC Wholesale - Third Respondent Romavale Pty Corp - Fourth Respondent Representation: Applicants in person Mr S Pearlman - First Respondent Applicants in person Curwoods Lawyers File Number(s): 2012/81298