Neradovsky v Burnett [2015] NSWSC 1765

Supreme Court New South Wales

Medium Neutral Citation: Neradovsky v Burnett [2015] NSWSC 1765 Hearing dates: 24 November 2015 Decision date: 24 November 2015 Jurisdiction: Common Law Before: Adamson J Decision: (1) Direct the defendants to answer the call made for documents that reveal the limit of their indemnity and note that the defendants are in a position to answer that call forthwith.

(2) Grant a stay of order 1 made by Rothman J on 28 October 2015, namely, judgment for the plaintiff against the first and second defendants in the sum of $1,329,185.90, on condition that that amount be paid within seven days of the date of this order into an interest bearing account in the joint names of the solicitor for the plaintiff and solicitors for the defendants.

(3) By consent, order that the costs of the motion filed on 17 November 2015 be costs in the cause, the cause being any appeal to the Court of Appeal. Catchwords: PRACTICE AND PROCEDURE – application for stay pending appeal – conditional stay – whether in the interests of justice to stay judgment – whether appropriate to stay orders relating to costs and disbursements

PRACTICE AND PROCEDURE – call for documents to establish limit of indemnity of defendants' insurance policy – direction made to answer call because of potential relevance to stay and to possible resolution of the proceedings Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Alexander v Cambridge Credit Corporation Ltd (Receivers and Managers Appointed) (1985) 2 NSWLR 685 Category: Procedural and other rulings Parties: Alison Jane Neradovsky (Plaintiff) Karl Burnett (First Defendant) KB Legals Pty Ltd (Second Defendant) Representation: Counsel: R Francois (Plaintiff) R Sheldon SC (First and Second Defendants)