Holgye v Dyluc Pty Limited [2013] NSWCA 391

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Holgye v Dyluc Pty Limited [2013] NSWCA 391 Hearing dates: 11 November 2013 Decision date: 11 November 2013 Before: Emmett JA Decision: (1) The appellant is to provide security for the third respondent's costs of the Appeal by paying into Court the sum of $37,000 no later than 26 November 2013. (2) The proceedings be stayed until such time as such security is provided. (3) The proceedings be listed on 27 November 2013 for consequential orders or, in the event that security has not been provided, an order for dismissal of the proceedings under UCPR r 42.21(3). (4) The parties have liberty to apply for additional security for costs at any stage of the proceedings. (5) The appellant to pay the applicant's cost 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: SECURITY FOR COSTS - costs of appeal Legislation Cited: Environmental Planning and Assessment Act 1979 Supreme Court Act 1970, ss 101(2)(e), 101(5) Uniform Civil Procedure Rules 2005, r 42.21(3) Category: Interlocutory applications Parties: Martin Egon Holgye (Appellant) Dyluc Pty Limited (Third Respondent) Representation: No appearance for Appellant A Horvath (Third Respondent) DLA Phillips Fox (Appellant) Slater & Gordon (Third respondent) File Number(s): CA 2013/165824 Decision under appeal Citation: [2013] NSWDC 57 Date of Decision: 2013-05-01 00:00:00 Before: Mahony SC DCJ File Number(s): 10/241090