Nadinic v Drinkwater [2016] NSWCA 377

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nadinic v Drinkwater [2016] NSWCA 377 Hearing dates: 20 December 2016 Date of orders: 21 December 2016 Decision date: 21 December 2016 Before: Macfarlan JA Decision: (1) The orders of Pembroke J made on 9 December 2016 are stayed until the determination of the appeal. (2) The costs of the stay application are to be costs in the appeal. Catchwords: APPEAL – application for interim stay of orders at first instance – no issue of principle Category: Procedural and other rulings Parties: Andrew Frane Nadinic (Applicant) Cheryl Anne Drinkwater as trustee for the Cheryl Drinkwater Trust (Respondent) Representation: Counsel: Mr A G Martin (Applicant) Mr M Gunning (Respondent)

Solicitors: Summer Lawyers (Applicant) Hewitts Commercial Lawyers (Respondent) File Number(s): CA 2016/381846 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Citation: [2016] NSWSC 1364 and [2016] NSWSC 1733 Date of Decision: 30 September 2016 and 9 December 2016 Before: Pembroke J File Number(s): SC 2016/242022

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]