Arambatzis v Foundas (No 2) [2024] NSWSC 1530

Arambatzis v Foundas (No 2) [2024] NSWSC 1530

Ms Foundas' urgent application to stay the writ of possession failed due to absence of satisfactory justification, lack of notice to other parties, absence of coherent or relevant grounds, and previous unsuccessful attempts at stay; hardship did not entitle continued occupation.

Parties
First Plaintiff: Peter Arambatzis; Defendant: Cassiani Foundas
Jurisdiction
Australia
Judgment Date
29 November 2024
Procedural Posture
Application for Stay of Writ of Possession / Ex Tempore Judgment on Urgent Application
Outcome
Application refused; filing not permitted without leave.
Legal Topics
Appointment of Trustees for Sale, Stay of Execution, Writ of Possession
Equity Civil Procedure Appointment of Trustees for Sale Stay of Execution Writ of Possession

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Parties

Peter Arambatzis

First Plaintiff

Cassiani Foundas

Defendant

Procedural Posture

Application for Stay of Writ of Possession / Ex Tempore Judgment on Urgent Application

Legal Issues

  1. 1 Whether the execution of the writ of possession should be stayed
  2. 2 Whether proper grounds exist for ex parte stay
  3. 3 Whether hardship alleged by defendant justifies grant of stay

Ratio Decidendi

Ms Foundas' urgent application to stay the writ of possession failed due to absence of satisfactory justification, lack of notice to other parties, absence of coherent or relevant grounds, and previous unsuccessful attempts at stay; hardship did not entitle continued occupation.

Court Disposition

Application refused; filing not permitted without leave.

Orders

  • Direct that no further application with respect to the stay or setting aside of the writ of possession issued on 15 April 2024 be filed without the prior leave of a Judge of the Court.