Pollack v Yapp

[2019] NSWCA 103

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Pollack v Yapp [2019] NSWCA 103

Hearing dates:

6 May 2019

Date of orders:

06 May 2019

Decision date:

06 May 2019

Before:

Payne JA

Decision:

(1) The appellant to file and serve the Appeal Book by 17 May 2019;

 

(2) The appellant to file and serve submissions by 21 May 2019;

 

(3) The respondents to file and serve submissions by 24 May 2019;

 

(4) The appellant to file and serve submissions in reply by 28 May 2019;

 

(5) The appellant to file and serve the Orange Book by 30 May 2019;

 

(6) Matter listed for hearing on 31 May 2019 for one day;

 

(7) Liberty to apply on 3 days’ notice; and

 (8) Orders made by the primary judge dated 24 April 2019 be stayed until the decision of the Court of Appeal is delivered or until further order.

Catchwords:

REFERRALS – case management – matter listed for hearing

  CIVIL PROCEDURE – Court of Appeal – stay of orders

Category:

Procedural and other rulings

Parties:

Joseph Pollak (Appellant)
Ian Martin Yapp (First Respondent)
George Arena III (Second Respondent)

Representation:

Counsel:
J Stoljar SC; G Farland (Appellant)
P Walsh (First and Second Respondent)

  Solicitors:
Sachs Gerace Broome Lawyers (Appellant)
Day Legal (First and Second Respondent)

File Number(s):

2019/00134106

Publication restriction:

None

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Equity

Citation:

[2019] NSWSC 449

Date of Decision:

24 April 2019

Before:

Darke J

File Number(s):

2019/00008599 and 2018/00107269

Judgment – EX TEMPORE

[Amended in accordance with the principles in Bar-Mordecai v Rotman [2000] NSWCA 123 at [194]]

1. PAYNE JA: This matter came before me this morning in the referrals list. Mr Stoljar SC, who appears for the appellant in this Court, foreshadowed an application for a stay of the orders made in the proceedings below. That application had been made promptly after the decision of the primary judge. A short outline of the appellant’s submissions was filed. Prior to my coming on the bench the parties were informed by the Registrar that it was possible that dates would be available in the last week of May 2019 for an urgent hearing of this matter.

2. After brief discussion, the parties agreed that this case raises a narrow issue and it would be preferable, rather than deal with a contested stay application, that an abridged timetable be agreed and that the matter be listed for hearing in the last week of May 2019. Short minutes of order agreed between the parties have been handed to me and I make orders in terms of that draft as follows:

(1) The appellant to file and serve the Appeal Book by 17 May 2019;

(2) The appellant to file and serve submissions by 21 May 2019;

(3) The respondents to file and serve submissions by 24 May 2019;

(4) The appellant to file and serve submissions in reply by 28 May 2019;

(5) The appellant to file and serve the Orange Book by 30 May 2019;

(6) Matter listed for hearing on 31 May 2019 for one day;

(7) Liberty to apply on 3 days’ notice; and

(8) Orders made by the primary judge dated 24 April 2019 be stayed until the decision of the Court of Appeal is delivered or until further order.

3. Mr Stoljar explained that, given the truncated time for appeal necessary in this matter and the relatively limited number of documents involved, it is proposed that the Appeal Book referred to in order 1 contain the judgment below, a relatively limited number of documents and the transcript.

4. In relation to the documents to be contained in the Appeal Book, the parties proposed that the court book below should stand as part of the Appeal Book in those proceedings. The parties will prepare an index indicating which documents are not reproduced as they are unnecessary for the purposes of the appeal. I am content with this suggested approach. The usual orders requiring production of red, black and blue books are unnecessary here.

5. Given that the orange book will only be available on the day immediately prior to the hearing, the submissions by both parties are to be filed with the court and administrative arrangements will be made to have them distributed to those judges who hear the matter.

**********

Decision last updated: 08 May 2019