Sebie v Pham [2018] NSWCA 333

Sebie v Pham [2018] NSWCA 333

Stay of execution refused because applicants had no possessory or other property interest, no protected tenancy existed under relevant statutory provision, and extraordinary delay weighed against granting stay. Any distress to Sebie family did not override settled principles relating to possession and registered proprietors' rights.

Jurisdiction
Australia
Judgment Date
06 December 2018
Procedural Posture
Notice of Motion for Stay of Writ of Possession / Court of Appeal Determination of Stay Applications Pending Appeal and Determination of Family Court Proceedings
Outcome
Applicants' notices of motion seeking stay of execution of writ of possession dismissed with costs.
Legal Topics
['stay of Proceedings' 'possession of Property' "registered Proprietors' Rights" 'effect of Tenancy on Registered Proprietor' 'delay in Applications']
['civil Procedure' 'property Law' 'family Law'] ['stay of Proceedings' 'possession of Property' "registered Proprietors' Rights" 'effect of Tenancy on Registered Proprietor' 'delay in Applications']

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Procedural Posture

Notice of Motion for Stay of Writ of Possession / Court of Appeal Determination of Stay Applications Pending Appeal and Determination of Family Court Proceedings

Legal Issues

  1. 1 ['Whether stay of execution of writ of possession should be granted pending appeal and/or determination of Family Court proceedings' 'Whether occupation of property by Rose Sebie is protected under s 42(1)(d) of the Real Property Act 1900 (NSW) due to alleged tenancy' 'Effect of delay in bringing application' 'Whether prejudice to respondents due to stay should be considered']

Ratio Decidendi

Stay of execution refused because applicants had no possessory or other property interest, no protected tenancy existed under relevant statutory provision, and extraordinary delay weighed against granting stay. Any distress to Sebie family did not override settled principles relating to possession and registered proprietors' rights.

Court Disposition

Applicants' notices of motion seeking stay of execution of writ of possession dismissed with costs.

Orders

  • ["Robert Sebie's notice of motion dismissed with costs" "Ramzy Sebie's notice of motion dismissed with costs"]