Wang v Farkas (No 6) [2015] NSWCA 116

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wang v Farkas (No 6) [2015] NSWCA 116 Hearing dates: 22 April 2015 Decision date: 07 May 2015 Before: Basten JA Decision: (1)Direct the Registrar to pay the sum paid into Court and any interest thereon (less commission) to the applicants Jian Wang and Y Ping Gu.

(2)Order that Mr Farkas pay the applicants the costs of the motion filed by Mr Wang on 18 February 2015, limited to the filing fee.

(3)Otherwise dismiss the motion of 18 February 2015.

(4)Dismiss the motion filed by the respondent, George Farkas, on 1 April 2015.

(5)Order that Mr Farkas pay any disbursements incurred by Mr Wang and Ms Gu with respect to that motion. Catchwords: PRACTICE AND PROCEDURE – proposed application for special leave to appeal – moneys ordered to be paid into court as security by respondents to proposed appeal – payment out on failure of purpose when no application made

PRACTICE AND PROCEDURE – moneys paid into court on condition – condition in lieu of undertaking as to damages – failure of purpose – application to vary conditions – procedural unfairness when conditions set – factual premise challenged – delay in making application for variation Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Cases Cited: Wang v Farkas [2014] NSWCA 29; 85 NSWLR 390 Wang v Farkas (No 2) [2014] NSWCA 57 Category: Procedural and other rulings Parties: George Farkas (Applicant) James Wang (First Respondent) Y Ping Gu (Second Respondent) Representation: Counsel: Applicant Self-represented Respondents Self-represented