Where the NSW Court of Appeal, accepting the defendant’s submissions, had ordered the defendant to pay into Court a sum of $399,000 (plus GST and interest) subject to any further or different order made by a judge of the Supreme Court
Where the defendant sought, by notice of motion, to vary the Court of Appeal’s order to require only $60,000 to be paid into Court on grounds of impecuniosity
Where the defendant’s impecuniosity was not revealed to the Court of Appeal and the reasons for the defendant’s impecuniosity have not been explained, particularly with respect to what the defendant did with substantial adjudication monies received the previous year.
