El Khouri v El Khouri [2017] NSWSC 1650

El Khouri v El Khouri [2017] NSWSC 1650

Given the evidence of unresolved grief and hardship, and acknowledging the role of mercy in applications for a stay, it is appropriate to grant a short stay to allow the applicant to put in place a formal mental health treatment plan.

Parties
Applicant: Julie El Khouri; Respondent: Peter John El Khouri
Jurisdiction
Australia
Judgment Date
11 October 2017
Procedural Posture
Application to Stay Execution of Writ / Procedural Ruling
Outcome
Execution of the writ stayed
Legal Topics
Possession, Stay of Execution, Hardship
Property Law Possession Stay of Execution Hardship

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 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Julie El Khouri

Applicant

Peter John El Khouri

Respondent

Procedural Posture

Application to Stay Execution of Writ / Procedural Ruling

Legal Issues

  1. 1 Whether execution of the writ of possession should be stayed on hardship grounds

Ratio Decidendi

Given the evidence of unresolved grief and hardship, and acknowledging the role of mercy in applications for a stay, it is appropriate to grant a short stay to allow the applicant to put in place a formal mental health treatment plan.

Court Disposition

Execution of the writ stayed

Orders

  • Execution of the writ of possession issued on 25 August 2017 stayed up to and including 5pm on 8 November 2017