Wang v Farkas (No 4) [2014] NSWCA 234

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wang v Farkas (No 4) [2014] NSWCA 234 Hearing dates: On the papers Decision date: 22 July 2014 Before: Bathurst CJ at [1]; Beazley P at [2]; Basten JA at [3] Decision: (1) The applicants are to pay the disbursements, including solicitors' fees, incurred by the first respondent Mr Farkas in seeking to enforce the orders of the District Court up to 9 September 2013 as well as the costs of cancellation at Land & Property Information of the registrations of the Writ on the properties, incurred as a result of the Court's order, consequent upon the applicants lodging the bank guarantee. (2) The applicants pay Mr Farkas' costs of this application limited to the filing fee incurred by Mr Farkas. [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 - variation of orders - respondent incurred disbursements enforcing orders after applicants commenced judicial review proceedings - stay of orders granted conditional on bank guarantee from applicants for costs incurred - applicants successful - allowance made for disbursements incurred by respondent enforcing orders in light of prejudice caused by delay by applicants - whether allowance extends to disbursements incurred after proceedings commenced - Uniform Civil Procedure Rules 2005 (NSW), r 36.16