State of New South Wales v Thomlinson [2017] NSWCA 115

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Thomlinson [2017] NSWCA 115 Hearing dates: 22 May 2017 Decision date: 22 May 2017 Before: Basten JA Decision: (1) Order that there be a stay of the payment of the outstanding balance of the judgment debt in the District Court.

(2) The costs of today are to be costs in the appeal. Catchwords: PRACTICE AND PROCEDURE – appeal – stay of payment of judgment for damages pending determination of appeal – part payment made – some risk of non-repayment in event appeal succeeds – balance of convenience Category: Procedural and other rulings Parties: State of New South Wales (Applicant) Charles Henry Thomlinson (Respondent) Representation: Counsel: Mr M Spartalis (Applicant) Mr W Reynolds (Respondent)

Solicitors: Makinson d'Apice Lawyers (Applicant) Jeffery & Jeffery (Respondent) File Number(s): 2016/386053 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Citation: [2016] NSWDC 369 Date of Decision: 16 December 2016 Before: Hatzistergos DCJ File Number(s): 2014/94638

[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.]