Foundas v Arambatzis (No. 4) [2020] NSWCA 100

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Foundas v Arambatzis (No. 4) [2020] NSWCA 100 Hearing dates: On the papers: Appellant's submissions 15 May 2020; First Respondent's submissions 21 May 2020; Second Respondents' submissions 21 May 2020 Decision date: 28 May 2020 Before: Bell P at [1]; Basten JA at [2]; White JA at [3] Decision: (1) Refuse the appellant's application to set aside or vary orders 6 and 7 made on 24 March 2020. (2) Note that orders 6 and 7 made on 24 March 2020 are not stayed. (3) Vary order 7 made on 24 March 2020 by deleting the requirement that a writ for possession not be executed before the expiry of 28 days. (4) Order that the appellant pay the respondents' costs of her application. Catchwords: JUDGMENTS AND ORDERS — application to vary or set aside orders – whether orders for the delivery of vacant possession be set aside or varied in light of the COVID-19 pandemic – whether executive or legislative instruments responding to the COVID-19 pandemic suggest that the orders ought to be set aside or varied – where vacant possession ordered as a consequence of an order under s 66G of the Conveyancing Act 1919 (NSW) prior to the COVID-19 pandemic Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures – Miscellaneous) Act 2020 (NSW) COVID-19 Legislation Amendment (Emergency Measures – Miscellaneous) Act 2020 (NSW) Public Health Act 2010 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW)