Majak v Rose (No 2) [2016] NSWCA 337

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Majak v Rose (No 2) [2016] NSWCA 337 Hearing dates: 22 November 2016 Decision date: 06 December 2016 Before: McColl JA; Basten JA; Leeming JA Decision: 1. Set aside order 2 made by Meagher JA on 12 October 2016. 2. Each party's costs of the notice of motion filed 5 September 2016 be that party's costs of the summons filed 5 September 2016. 3. Declare that, no order having been made pursuant to s 69C(4) of the Supreme Court Act 1970 (NSW), the execution of the costs orders made by the Local Court and the District Court against Ms Majak in relation to proceedings 2014/00044950-001 (including the writ of levy in case 2016/00248593 and the garnishee orders) has been stayed by reason of s 69C(2) of the Supreme Court Act 1970 (NSW). 4. Direct that Mr Rose notify within 7 days of today all persons affected by steps taken by him to execute the orders referred to in order 3 above, including Ms Majak's employer and bank, of this judgment. 5. Order that Mr Rose pay Ms Majak's costs of the notice of motion filed 25 October 2016, in the amount of $390. Catchwords: PRACTICE – stay of execution – judicial review of decision of District Court dismissing appeal from Local Court – statutory stay of execution of orders other than apprehended domestic violence orders – Supreme Court Act 1970 (NSW), s 69C – statutory stay extends to execution of costs orders made following applications for apprehended domestic violence orders Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Crimes (Appeal and Review) Act 2001 (NSW), ss 28, 63 Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 72, 84, 85, 93, 99 Criminal Procedure Act 1986 (NSW), s 215 District Court Act 1973 (NSW), s 176 Supreme Court Act 1970 (NSW), s 69C Cases Cited: Bandara v Director of Public Prosecutions [2016] NSWCA 140 Garde v Dowd (2011) 80 NSWLR 620; [2011] NSWCA 115 Category: Principal judgment Parties: Zofia Majak (Applicant) Alan Wesley Rose (Third Respondent) Representation: Counsel: Z Majak (Applicant in person) I R Coleman SC (Third Respondent)