Wallis v Rudek [2020] NSWCA 61

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wallis v Rudek [2020] NSWCA 61 Hearing dates: 6 April 2020 Decision date: 06 April 2020 Before: White JA Decision: Direct the appellants' counsel to bring in short minutes of order in accordance with these reasons. Catchwords: JUDGMENTS AND ORDERS — Court of Appeal – whether order requiring vacant possession be stayed pending the resolution of appeal proceedings – COVID-19 pandemic – no issue of principle Cases Cited: Fox v Percy (2003) 214 CLR 118 Wallis v Rudek (No 3) [2020] NSWSC 338 Wallis v Rudek [2020] NSWSC 162 Yeshiva Synagogue Inc v Karimbla Properties (No 10) Pty Ltd [2017] NSWCA 331 Category: Procedural and other rulings Parties: Yuri Wallis (First Applicant) Olga Wallis (Second Applicant) Suzanne Rudek (Respondent Representation: Counsel: B Oliak (Applicants) J Bennett (Respondent)

Solicitors: P Dobrich & Co Solicitors (Applicants) Optic Lawyers (Respondent) File Number(s): 2020/95805 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2020] NSWSC 162 Date of Decision: 26 February 2020 Before: Parker J File Number(s): 2018/191080

[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.]