PANGAS v LORD [1997] NSWCA 244

PANGAS v LORD [1997] NSWCA 244

Application for stay refused as no persuasive grounds shown; appeal had minimal prospect of success; orders were made to enable enforcement of monetary judgments in favour of Mrs Lord and setting aside the mortgage to the extent necessary; priority properly determined under s 85 Family Law Act.

Parties
Applicant/seventh Defendant: Winston Pangas; Respondent/first Defendant: Robynne Lord (formerly Robynne Pangas); Second Defendant: Peter Pangas
Jurisdiction
Australia
Judgment Date
16 December 1997
Procedural Posture
Notice of Motion/application for Stay / Application for Stay of Orders Pending Appeal
Outcome
Application for stay refused with costs.
Legal Topics
Stay of Proceedings, Enforcement of Judgments, Setting Aside Dispositions Under S 85 Family Law Act, Priority of Encumbrances, Appeal Procedures
Family Law Property Law Civil Procedure Stay of Proceedings Enforcement of Judgments Setting Aside Dispositions Under S 85 Family Law Act Priority of Encumbrances Appeal Procedures

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Parties

Winston Pangas

Applicant/seventh Defendant

Robynne Lord (formerly Robynne Pangas)

Respondent/first Defendant

Peter Pangas

Second Defendant

Procedural Posture

Notice of Motion/application for Stay / Application for Stay of Orders Pending Appeal

Legal Issues

  1. 1 Whether a stay should be granted on enforcement of orders made by Bryson J on 7 October 1997 pending appeal
  2. 2 Whether the mortgage granted to Winston Pangas was properly set aside under s 85 of the Family Law Act
  3. 3 Whether the writ of execution or mortgage had priority

Ratio Decidendi

Application for stay refused as no persuasive grounds shown; appeal had minimal prospect of success; orders were made to enable enforcement of monetary judgments in favour of Mrs Lord and setting aside the mortgage to the extent necessary; priority properly determined under s 85 Family Law Act.

Court Disposition

Application for stay refused with costs.

Orders

  • Application for stay is refused.
  • Applicant to pay costs of the application.