Richardson v Lindsay [2019] NSWCA 30

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Richardson v Lindsay [2019] NSWCA 30 Hearing dates: 18 February 2019 Decision date: 18 February 2019 Before: Leeming JA Decision: (1) That enforcement of the costs order made on 22 October 2018 against the appellant and in favour of the respondents be stayed until further order.

(2) I note that order 1 is subject to any subsequent order made in this Court, and will lapse of its own force when orders are made finally disposing of the appeal.

(3) No order as to the costs of the notice of motion of 12 February 2019. Catchwords: PRACTICE – stay of execution – expedited appeal by unsuccessful impecunious plaintiff from final hearing dismissing her claim – defendants/respondents take steps to have costs order of trial quantified – appellant seeks stay of execution of costs certificates pending appeal – stay granted Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Kalifair Pty Ltd v Digi‑Tech (Aust) Pty Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 New South Wales Bar Association v Stevens [2003] NSWCA 95 Richardson v Lindsay [2018] NSWSC 1457 Category: Procedural and other rulings Parties: Lurline Faith Richardson (Applicant) John David Lindsay (First respondent) Fiona Judy Lindsay (Second respondent) Representation: Counsel:

H Jewell (Applicant) D Neggo (Respondents)

Solicitors:

Seniors Rights Service (Applicant) Whiteley Ironside & Shillington Pty Ltd (Respondents) File Number(s): 2018/325406 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity – Expedition List Citation: [2018] NSWSC 1457 Date of Decision: 28 September 2018 Before: Sackar J File Number(s): 2018/107944