State of New South Wales v Younis (No 2) [2014] NSWCA 291

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Younis (No 2) [2014] NSWCA 291 Hearing dates: 25 August 2014 Decision date: 25 August 2014 Before: Leeming JA Decision: 1. The Registrar of the District Court of New South Wales take such steps as are necessary to pay the sum of $49,000 being part of the sum of $437,154.54 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. Otherwise dismiss the Notice of Motion filed 13 August 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 - payment out of monies paid into Court Cases Cited: New South Wales v Younis [2014] NSWCA 56 Category: Interlocutory applications Parties: State of New South Wales (Appellant / 1st Respondent on motion) Hayam Abed (1st Respondent / 2nd Respondent on the motion) Wafaa Younis (2nd Respondent / 1st Applicant on the motion) Khalil Younis (3rd Respondent / 2nd Applicant on the motion) Representation: Counsel: Mr R Watson (1st Respondent / 2nd Respondent on the motion) Mr S Stojanovic (2nd and 3rd Respondents / 1st and 2nd Applicants on the motion) Solicitors: Crown Solicitor's Office (Appellant / 1st Respondent on motion) Kheir & Associates (1st Respondent / 2nd Respondent on the motion) Stojanovic Solicitors (2nd and 3rd Respondents / 1st and 2nd Applicants on the motion) File Number(s): 2013/319409 Decision under appeal Date of Decision: 2010-11-12 00:00:00 Before: Sorby DCJ File Number(s): DC 2009/338335