Kessly v Hasapaki [2015] NSWCA 292

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kessly v Hasapaki [2015] NSWCA 292 Hearing dates: 1 June 2015 Date of orders: 24 September 2015 Decision date: 05 June 2015 Before: Macfarlan JA Decision: (1) Grant the appellant leave to amend her Notice of Appeal by filing the proposed Amended Notice of Appeal appearing at Red Book p 44. (2) Order that orders (7) to (9) of the Land and Environment Court's orders entered on 15 May 2015 be stayed pending determination of the present appeal. (3) Dismiss the respondent's Notice of Motion filed on 19 May 2015 seeking security for her costs of the appeal. (4) Make no order as to the costs of the appellant's and respondent's motions with the intent that those costs form part of the general costs of the appeal. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 42.21, 51.50 Cases Cited: Gray t/as Clarence Valley Plumbing v Ware Building Pty Ltd [2012] NSWCA 438 Grustein v Hazapakai (No 2) [2014] NSWLEC 174 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Category: Procedural and other rulings Parties: Evangelia Grustein (Kessly) (Appellant) Katina Hasapaki (Respondent) Representation: Counsel: B Green (Appellant) R Gration (Respondent)

Solicitors: Navado Lawyers & Solicitors (Appellant) GA Lawyers (Respondent) File Number(s): CA 2014/340645 Decision under appeal Court or tribunal: Land and Environment Court Jurisdiction: New South Wales Citation: Grustein v Hasapaki (No 2) [2014] NSWLEC 174 Date of Decision: 29 October 2014 Before: Biscoe J File Number(s): LEC 2004/30665