Awad v Awad [2016] NSWSC 1915

Awad v Awad [2016] NSWSC 1915

The applicants failed to demonstrate reasonable prospects of success on appeal and the balance of convenience does not favour granting a stay of the judgment for possession; however, a limited stay was granted on the writ of possession for 28 days to prevent execution until 27 January 2017.

Parties
Plaintiff/respondent: Nouhad Awad by her tutor Zouha Habib; Defendant/applicant: Michael Awad; Defendant/applicant: Mrs Arzi Awad
Jurisdiction
Australia
Judgment Date
30 December 2016
Procedural Posture
Notice of Motion for Stay of Judgment for Possession / Interlocutory Application Decided With Orders
Outcome
Notice of Motion dismissed except for order 5; limited stay granted on writ of possession; defendants to pay plaintiff's costs.
Legal Topics
Stay of Execution, Possession Proceedings, Costs, Procedural Fairness, Irregularity of Judgment
Civil Procedure Stay of Execution Possession Proceedings Costs Procedural Fairness Irregularity of Judgment

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Parties

Nouhad Awad by her tutor Zouha Habib

Plaintiff/respondent

Michael Awad

Defendant/applicant

Mrs Arzi Awad

Defendant/applicant

Procedural Posture

Notice of Motion for Stay of Judgment for Possession / Interlocutory Application Decided With Orders

Legal Issues

  1. 1 Whether a stay of a judgment for possession and writ of possession should be granted pending appeal
  2. 2 Whether Mrs Arzi Awad's judgment was irregular due to lack of evidence of service
  3. 3 Where the balance of convenience lies in granting or refusing a stay

Ratio Decidendi

The applicants failed to demonstrate reasonable prospects of success on appeal and the balance of convenience does not favour granting a stay of the judgment for possession; however, a limited stay was granted on the writ of possession for 28 days to prevent execution until 27 January 2017.

Court Disposition

Notice of Motion dismissed except for order 5; limited stay granted on writ of possession; defendants to pay plaintiff's costs.

Orders

  • Notice of Motion filed 28 December 2016, with the exception of order 5, is dismissed.
  • Stand over order 5 of the notice of motion filed on 28 December 2016 for hearing before the Duty Judge on 9 February 2017.