State of New South Wales v Younis [2014] NSWCA 56

State of New South Wales v Younis [2014] NSWCA 56

The Court of Appeal has jurisdiction under the Supreme Court Act 1970 (NSW) s 23 to order payment out of funds held in the District Court where those funds are only required to cover the judgment debt and no other claim exists. $90,000 should be released to Mr and Mrs Younis.

Parties
Appellant: State of New South Wales; First Respondent: Hayam Abed; Second Respondent: Waffa Younis; Third Respondent: Khalil Younis
Jurisdiction
Australia
Judgment Date
10 March 2014
Procedural Posture
Appeal / Motion Determination During Appeal Proceedings
Outcome
Motion partially granted
Legal Topics
Application to Release Money, Jurisdiction Over District Court Funds, Costs Orders
Civil Procedure Application to Release Money Jurisdiction Over District Court Funds Costs Orders

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Parties

State of New South Wales

Appellant

Hayam Abed

First Respondent

Waffa Younis

Second Respondent

Khalil Younis

Third Respondent

Procedural Posture

Appeal / Motion Determination During Appeal Proceedings

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to order payment out of monies held in District Court
  2. 2 Appropriateness of releasing $90,000 to Mr and Mrs Younis
  3. 3 Entitlement to costs of the motion

Ratio Decidendi

The Court of Appeal has jurisdiction under the Supreme Court Act 1970 (NSW) s 23 to order payment out of funds held in the District Court where those funds are only required to cover the judgment debt and no other claim exists. $90,000 should be released to Mr and Mrs Younis.

Court Disposition

Motion partially granted

Orders

  • Registrar of the District Court to pay $90,000 into the S Stojanovic Trust Account with the Commonwealth Bank, Liverpool.
  • Appellant and first respondent to pay the costs of the second and third respondents, Mr and Mrs Younis, of the motion, such costs to be payable upon determination of proceedings in this Court.