Ghougassian v Fairfax Community Newspapers Pty Ltd [2015] NSWCA 21

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ghougassian v Fairfax Community Newspapers Pty Ltd [2015] NSWCA 21 Hearing dates: 16 February 2015 Decision date: 16 February 2015 Before: Basten JA Decision: (1)Dismiss the applicant's motion filed on 5 February 2015.

(2)Order that the applicant pay the respondents' costs of the motion other than the costs of the affidavit of Mr Beattie dated 16 February 2015. Catchwords: PRACTICE AND PROCEDURE – application for stay of costs order pending appeal – no evidence of impecuniosity of applicant – no suggestion that respondents unwilling or unable to repay if appeal succeeds – offer of undertaking to give notice of enforcement proceedings

COSTS – costs of motion – refusal of motion regardless of proffered undertaking – costs of late affidavit of respondents excluded Legislation Cited: Legal Profession Act 2004 (NSW), s 377 Category: Procedural and other rulings Parties: Michael Ghougassian (Applicant) Fairfax Community Newspapers Pty Ltd (First Respondent) Fairfax Digital Australia & New Zealand Pty Ltd (Second Respondent) Jade Wittmann (Third Respondent) Representation: Counsel: Mr R Rasmussen (Applicant) Mr A Dawson (Respondent)

Solicitors: Robert Balzola & Associates (Applicant) Banki Haddock Fiora (Respondents) File Number(s): 2014/175465 Decision under appeal Court or tribunal: District Court Date of Decision: 22 May 2014 Before: Bozic DCJ File Number(s): 2014/60764