Evans v Cleveland Investment Global Ltd [2013] NSWCA 230

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Evans v Cleveland Investment Global Ltd [2013] NSWCA 230 Hearing dates: 15 July 2013 Decision date: 15 July 2013 Before: Leeming JA Decision: 1. Dismiss Notice of Motion for stay of execution with costs. 2. On the motion for security for costs: (1) Order that pursuant to r 42.21 and r 51.50 of the Uniform Civil Procedure Rules 2005 (NSW) the appellant provide security for the costs of the first and second respondents within twenty-eight days of today in the amount of $15,000 by way of an unconditional bank guarantee from an Australian trading bank. (2) Order that until such security is given these proceedings be stayed. (3) Order that the appellant pay the costs of the first and second respondents of and incidental to this motion. 3. Orders to be entered forthwith. [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 - Of appeal - Special circumstances - Withdrawals of funds from account subject to Mareva order - Appellant claimed funds withdrawn to protect respondent - Security ordered

PRACTICE - Stay of execution pending appeal - No cause shown to warrant stay Legislation Cited: Evidence Act 1995 (NSW), ss 128, 132 Uniform Civil Procedure Rules 2005 (NSW), rr 42.21, 51.50 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Evans v Deputy Commissioner of Taxation [2012] NSWCA 396 KP Cable Investments Pty Ltd v Meltglow Pty Ltd [1995] FCA 76; (1995) 56 FCR 189 Pioneer Park Pty Ltd (in liq) v Australia and New Zealand Banking Group Ltd [2007] NSWCA 344 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Swift v McCleary [2013] NSWCA 173 Vaughan v Dawson [2008] NSWCA 169 Williams v Spautz [1992] HCA 34; (1992) 174 CLR 509 Category: Interlocutory applications Parties: Peter Evans (Appellant in Person) Cleveland Investment Global Pty Ltd (First Respondent) Ficaro Pty Ltd (Second Respondent) Representation: Counsel: T D Anderson (Respondents) Solicitors: Swaab Attorneys File Number(s): 2012/388559 Decision under appeal Citation: Cleveland Investment Global Ltd v Ficaro Pty Ltd [2012] NSWSC 1529 Date of Decision: 2012-12-07 00:00:00 Before: Lindsay J File Number(s): 2009/288926