Antov v Bokan [2019] NSWCA 40

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Antov v Bokan [2019] NSWCA 40 Hearing dates: 18 February 2019; 1 March 2019 (supplementary evidence) Decision date: 05 March 2019 Before: Leeming JA Decision: Notice of motion filed on 8 January 2019 dismissed, with costs. Catchwords: PRACTICE – appeals – stay – whether appeal should be stayed pending payment of unchallenged costs orders – no demand for payment shown to have been made – application dismissed

PRACTICE – appeals – security for costs – appeal brought by natural person – whether special circumstances made out – whether appeal was bona fide – where respondent sought absurdly high amount of security – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Evidence Act 1995 (NSW), s 75 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 51.50 Cases Cited: Antov v Bokan [2018] NSWSC 1474 Antova v Bokan [2017] NSWSC 115 Antova v Bokan (No 2) [2017] NSWSC 556 Category: Procedural and other rulings Parties: Lidija Bokan (Applicant/First Respondent to appeal) Vase Antov (Respondent/Appellant) Radmila Antova (Second Respondent, submitting) Representation: Counsel: M Heath (Applicant/First Respondent to appeal) M Sahade (Respondent/Appellant)

Solicitors: Matthews Folbigg Pty Ltd (Applicant/First Respondent to appeal) Oliveri Lawyers (Respondent/Appellant) File Number(s): 2018/332235 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Equity Citation: Antov v Bokan [2018] NSWSC 1474 Date of Decision: 3 October 2018 Before: Ward CJ in Eq File Number(s): 2015/00331929