State of New South Wales v Younis [2014] NSWCA 56

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Younis [2014] NSWCA 56 Hearing dates: 10 March 2014 Decision date: 10 March 2014 Before: Basten JA Decision: 1. Order that the Registrar of the District Court take such steps as are necessary to pay the sum of $90,000, being part of the sum of $437,454 paid into court as a result of the orders made by Levy DCJ on 12 November 2010, into the S Stojanovic Trust Account with the Commonwealth Bank, Liverpool. 2. Order that the appellant and first respondent pay the costs of the second and third respondents, Mr and Mrs Younis, of the motion, such costs to be payable upon the determination of the proceedings in this Court. 3. Otherwise dismiss the notice of motion filed 26 February 2014. [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: PRACTICE AND PROCEDURE - application to release money - applicants ordered to pay into District Court money for possible damages - damages awarded below amount paid into Court - no challenge to adequacy of damages -jurisdiction to make orders with respect to money held in District Court Legislation Cited: Supreme Court Act 1970 (NSW), s 23 Category: Procedural and other rulings Parties: State of New South Wales (Appellant) Hayam Abed (First Respondent) Waffa Younis (Second Respondent) Khalil Younis (Third Respondent) Representation: Counsel: