Despot v Registrar General of NSW (No 2) [2014] NSWSC 1122

Supreme Court New South Wales

Medium Neutral Citation: Despot v Registrar General of NSW (No 2) [2014] NSWSC 1122 Hearing dates: 14 August 2014 Decision date: 20 August 2014 Before: Ball J Decision: See paragraphs 25 to 27 of this judgment. Catchwords: PROCEDURE - civil - judgments and orders - UCPR r 36.16 - application to vary or set aside judgment - application to reopen on ground that court proceeded on misapprehension of fact - application to set aside judgment on ground that judgment debt not paid - application by defendants for order for stay pending appeal - where no grounds of appeal indicated by defendant - where bank undertook to advance funds to defendant to satisfy judgment - whether bank entitled to stay of enforcement of its undertaking pending appeal Legislation Cited: Home Building Act 1989 (NSW) Powers of Attorney Act 2003 (NSW), s 48 Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A) Cases Cited: Despot v Registrar General of NSW [2011] NSWSC 273 Despot v Registrar General of NSW [2013] NSWCA 313 Despot v Registrar General of NSW [2014] NSWSC 1002 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 TCN Channel 9 v Antoniadis (No 2) [1999] NSWCA 104; (1999) 48 NSWLR 381 Category: Procedural and other rulings Parties: Ranko Despot (Plaintiff) Stelli Pty Ltd (Third Defendant) Westpac Banking Corporation (Fourth Defendant) Joyce Azzi (Sixth Defendant) Representation: Counsel: J Hewitt (Plaintiff) D Williams (Third and Sixth Defendants) A Leopold SC with P Dowdy (Fourth Defendant) Solicitors: Pamela J Enright (Plaintiff) Kheir & Associates (Third and Sixth Defendants) Henry Davis York (Fourth Defendant) File Number(s): 2009/298869 Publication restriction: Nil