Stoltenberg v Bolton [2019] NSWCA 71

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Stoltenberg v Bolton [2019] NSWCA 71 Hearing dates: 1 April 2019 Decision date: 15 April 2019 Before: Emmett AJA Decision: 1. The appeal be stayed until such time as security for the respondent's costs of the appeal in the sum of $20,000 is provided in a form satisfactory to the Registrar. 2. The respondent have leave to apply for dismissal of the appeal for want of despatch in the event that the security is not provided within 42 days. Catchwords: Notice of Motion – Security for Costs – Special Circumstances – Impecuniosity – Stultification Legislation Cited: Defamation Act 2005 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Pi v Zhou [2016] NSWCA 148 Category: Procedural and other rulings Parties: Stephen Robert Stoltenberg (Applicant) Conrad Moran Bolton (Respondent) Representation: Counsel: M Richardson (Applicant) S T Chrysanthou with B C Dean (Respondent)

Solicitors: Bell & Johnson Solicitors (Applicant) Kalantzis Lawyers (Respondent) File Number(s): 2018/334329 Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Common Law Citation: [2018] NSWSC 1518 Date of Decision: 15 October 2018 Before: Payne JA File Number(s): 2015/366431

[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.]