Sydney Anglican Schools Corporation t/as Roseville College v Mears (No 2) [2016] NSWDC 442

District Court New South Wales

Medium Neutral Citation: Sydney Anglican Schools Corporation t/as Roseville College v Mears (No 2) [2016] NSWDC 442 Hearing dates: 3 February 2016 Date of orders: 03 February 2016 Decision date: 03 February 2016 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Dismiss order 3 of the notice of motion filed 24 December 2015. (2) Order the first defendant pay the costs of the plaintiff and the respondents in respect of order 3 of that notice of motion. (3) Order that order (2) hereof is enforceable forthwith by the respondents but not the plaintiff, but stay that order until the conclusion of 26 February 2016 or, if a notice seeking leave to appeal listing the respondents as parties is filed by that date, the conclusion of the leave to appeal proceedings (and any related appeal) involving the respondents. Catchwords: CIVIL PROCEDURE — stay of costs order — pending appeal Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.7 Cases Cited: Sydney Anglican Schools Corporation t/as Roseville College v Mears [2015] NSWDC 348 Category: Procedural and other rulings Parties: Sydney Anglican Schools Corporation t/as Roseville College (plaintiff) Grant Mears (first defendant) Gloria Mears (second defendant) State of New South Wales (first respondent to notice of motion) Helen Firbank(second respondent to notice of motion) Representation: Counsel: Mr F F F Salama (plaintiff) Mr G Sarginson (first respondent to notice of motion) Ms Gleeson (second respondent to notice of motion)