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

Judgment

1. LEEMING JA: The active litigants in proceedings heard over eight days between April and June 2018 before the primary judge (Ward CJ in Eq) were Mr Vase Antov (the plaintiff) and Ms Lidija Bokan (the first defendant). Ms Radmila Antova, who is Mr Antov’s mother and Ms Bokan’s half-sister, was originally a plaintiff but became the second defendant and ultimately filed a submitting appearance. It will be convenient, without intending or conveying any disrespect, to refer to the children and grandson of the late Ljubica Dimitrovska by their given names.

2. For reasons which occupy 583 paragraphs over 199 pages, the primary judge dismissed the further amended statement of claim and declared that a power of attorney in favour of Vase had been procured by his undue influence and unconscionable conduct: Antov v Bokan [2018] NSWSC 1474.

3. Vase has appealed. His appeal is as of right, for he sought at trial and seeks on appeal an entitlement to the entirety of the deceased estate. His notice of appeal joins Lidija and Radmila, and has three concise grounds. By written submissions of some twelve double-spaced pages filed on 1 February 2019, he seeks leave to add a further two grounds of appeal. Lidija’s submissions have not as yet been filed.

4. By notice of motion filed on 8 January 2019, Lidija seeks an order that the appeal be stayed until such time as Vase provides security for costs, in the sum of $130,000 or such other sum as the court may determine. Alternatively, she seeks an order…