Croucher v Cachia [2015] NSWCA 365

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Croucher v Cachia [2015] NSWCA 365 Hearing dates: 26 October 2015 Date of orders: 26 October 2015 Decision date: 26 October 2015 Before: Tobias AJA Decision: 1. Order that the hearing of the appeal be expedited and that the parties have leave to approach the Registrar forthwith for the purpose of obtaining a date early in the new year for the hearing of the appeal.

2. Direct the applicant to bring in short minutes of order containing the necessary undertakings which would need to be signed by not only counsel but also by the applicant's wife as she is not a party to the proceedings. Catchwords: PROCEDURE – judgments and orders – whether orders should be stayed pending appeal – whether applicant has arguable case – stay granted subject to conditions – undertakings to the Court Legislation Cited: Evidence Act 1995 (NSW), s 97 Cases Cited: Bobolas v Waverley Council [2014] NSWCA 78 Lawrence v Gunner [2015] NSWCA 322 Category: Procedural and other rulings Parties: Ronald James Croucher (Appellant) Dennis Peter Cachia (Respondent) Representation: Counsel: Ms E Glover (Appellant) Mr McCarthy (Respondent)

Solicitors: Nyman Gibson Miralis Solicitors (Appellant) AC Lawyers (Respondent) File Number(s): 2015/00164957 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Civil Date of Decision: 18 May 2015 Before: Norton SC DCJ File Number(s): 2013/275470