Righi v Kissane Family Pty Limited as trustee for Kissane Family Trust [2015] NSWCA 145

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Righi v Kissane Family Pty Limited as trustee for Kissane Family Trust [2015] NSWCA 145 Hearing dates: 18 May 2015 Decision date: 18 May 2015 Before: Basten JA Decision: (1)Set down the appeal from the judgment of Lindsay J delivered on 16 April 2015 for hearing before this court on 1 July 2015; (2)direct the parties to liaise as to a timetable for the preparation of appeal books and provide a copy of an agreed timetable to the registrar; (3)otherwise dismiss the notice of motion; (4)order that the costs of the motion be the respondent's costs in the appeal. Catchwords: APPEAL – application for expedition and stay – expedition granted – stay sought based on fears of adverse consequences for appellants if debt sought to be enforced – two appellants resident overseas – right to pursue appeal not in issue – undertaking proffered without security and no indication as to asset backing Category: Procedural and other rulings Parties: Sam Righi (First Appellant) Alan Norman Fleming (Second Appellant) Rodney Stewart (Third Appellant) Kissane Family Pty Limited as Trustee for the Kissane Family Trust (Respondent) Representation: Counsel: G Lucarelli (Appellants) V Bedrossian (Respondent)

Solicitors: Mitry Lawyers (Appellants) Etheringtons Solicitors (Respondent) File Number(s): 2015/128698 Decision under appeal Court or tribunal: Supreme Court New South Wales Jurisdiction: Equity Division Citation: [2015] NSWSC 423 Date of Decision: 16 April 2015 Before: Lindsay J File Number(s): 2012/23898