Majak v Rose (No 4)

The applicant, Majak, sought to set aside orders made by the Court of Appeal and to stay costs orders pending the determination of that application. The respondent was Rose. The application was heard by White JA, a single Judge of Appeal.

The primary legal issues before White JA were whether the proceedings had been "finally determined" for the purposes of the relevant rules, and whether a stay of the costs orders should be granted. The applicant relied on Uniform Civil Procedure Rules r 36.16 and provisions of the *Supreme Court Act 1970* (NSW), including sections 46(1)(b), 46(2)(b), and 69C(2)(b).

White JA dismissed the applicant's claim for relief as set out in paragraph 3 of the notice of motion, finding that it was not a matter that could be determined by a single Judge of Appeal sitting alone. However, the proceedings were referred to the Registrar to set a hearing date for the remaining aspects of the notice of motion. The dismissed claim was ordered to be dismissed with costs.