Foundas v Arambatzis (No 6) [2024] NSWCA 231

Foundas v Arambatzis (No 6) [2024] NSWCA 231

The applicants have not demonstrated reasonably arguable grounds for appeal; the case for a stay of execution of the writ of possession is not made out given the lack of merit, the history of the litigation, the financial prejudice to the trustees and first respondent from further delay, and the balance of justice lies in refusing the stay.

Parties
First Applicant: Cassiani Foundas; Second Applicant: Bill Foundas; First Respondent: Peter Arambatzis; Second Respondent: Sean Magnus Wengel; Third Respondent: Robert William Whitton
Jurisdiction
Australia
Judgment Date
26 September 2024
Procedural Posture
Notice of Motion / Application for Stay of Execution of Writ of Possession Pending Appeal
Outcome
Notice of motion dismissed with costs.
Legal Topics
Stay of Execution, Writ of Possession, Fraud on the Court, Enforcement of Judgments, Co Ownership, Appeal Procedure, Costs
Civil Procedure Real Property Equity Stay of Execution Writ of Possession Fraud on the Court Enforcement of Judgments Co Ownership +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 18 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Cassiani Foundas

First Applicant

Bill Foundas

Second Applicant

Peter Arambatzis

First Respondent

Sean Magnus Wengel

Second Respondent

Robert William Whitton

Third Respondent

Procedural Posture

Notice of Motion / Application for Stay of Execution of Writ of Possession Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution of the writ of possession should be granted pending determination of appeal
  2. 2 Whether the applicants have reasonably arguable grounds for appeal
  3. 3 Whether balance of justice favours granting of the stay

Ratio Decidendi

The applicants have not demonstrated reasonably arguable grounds for appeal; the case for a stay of execution of the writ of possession is not made out given the lack of merit, the history of the litigation, the financial prejudice to the trustees and first respondent from further delay, and the balance of justice lies in refusing the stay.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • Notice of motion filed 20 May 2024 for a stay of execution of the writ of possession is dismissed with costs.