Arambatzis v Foundas (No 2) [2021] NSWCA 125

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Arambatzis v Foundas (No 2) [2021] NSWCA 125 Hearing dates: 1 June 2021 Date of orders: 1 June 2021 Decision date: 01 June 2021 Before: Brereton JA Decision: (1) Execution of the writ for possession issued under the order made on 7 January 2021 be further stayed until 6 July 2021 or earlier further order; (2) Pursuant to UCPR, r 7.36, the Court refers Mrs Foundas to the Registrar for referral to a barrister or solicitor on the pro bono panel for legal assistance generally in relation to the proceedings, and directs the Registrar to provide to the barrister or solicitor appointed a copy of my judgment of 1 March 2021; and (3) The proceedings be adjourned to the Court of Appeal Registrar's List on 5 July 2021. Catchwords: JUDGMENTS AND ORDERS – Court of Appeal – Stay of execution of writ for possession – Further stay – Where little progress made since initial stay – Where pro bono referral unavailing – Where applicant did not have published reasons for judgment regarding previous stay – Where original document constituting fresh evidence with indicia of authenticity raising serious question of miscarriage of justice in decision below said to have been sent to Court – Stay extended – Where any further extension will require very prompt steps to progress proceedings

CIVIL PROCEDURE – Representation – Unrepresented litigant – Pro bono referral – Second referral – Special reasons – Where barrister on first referral did not have benefit of published reasons for judgment regarding previous stay – Referral made Legislation Cited: Conveyancing Act 1919 (NSW), s 66G Uniform Civil Procedure Rules 2005 (NSW), r 7.36 Cases Cited: Arambatzis v Foundas; Foundas v Wengel [2020] NSWCA 78 Category: Procedural rulings Parties: Proceedings 2018/184682 Peter Arambatzis (Plaintiff/Applicant) Cassiani Foundas (Defendant/Respondent)