Recent Cases

Misan v Markham Real Estate Partners (KSW) Pty Ltd (No 2) [2022] NSWCA 155 (18 August 2022) (Leeming JA)


Catchwords:


PRACTICE – appeals – stay of execution pending appeal – subpoena and notice to produce issued by respondent opposing stay of execution – notice sought production of costs estimate of appeal –production of documents bearing on financial position of appellant’s partner – documents of no apparent relevance

COSTS – indemnity costs – unfounded opposition to stay of execution on terms – significance of s 56 of Civil Procedure Act 2005 (NSW) – insignificance of respondent’s broader commercial interests – indemnity costs ordered