G & G Mikhael Pty Ltd v Chalak (No 2) [2022] NSWSC 529

Supreme Court New South Wales

Medium Neutral Citation: G & G Mikhael Pty Ltd v Chalak (No 2) [2022] NSWSC 529 Hearing dates: 12 April 2022 Date of orders: 12 April 2022 Decision date: 12 April 2022 Jurisdiction: Common Law Before: Dhanji J Decision: (1) The orders made by me on 18 February 2022 be stayed pending completion of the appeal process in proceedings 2022/76853. (2) That order 1 be conditioned on compliance by the applicant with: (a) the rules of the Court in relation to the application for leave to appeal or any subsequent appeal; (b) any directions given by the Court in relation to the conduct of the application for leave to appeal or any subsequent appeal; and (c) the payment of an amount of $20,000 by the applicant to the trust fund of the respondent's solicitor for payment to the respondent. (3) A draft amended defence and draft amended cross-claim be filed by the applicant within 28 days of today's date. (4) Costs be costs in the appeal. (5) That the listing of the substantive proceedings on 14 April 2022 be vacated and the matter be listed for directions on 13 May 2022. Catchwords: LAND LAW – possession of land – notice of motion – stay sought pending hearing of appeal – summary judgment for plaintiff – no summary dismissal of cross-claim by defendant – whether the appeal has reasonable prospects of success – whether the balance of convenience favours the grant of a stay – personal circumstances – arguable case has been shown – stay granted Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 GE Personal Finance Pty Limited v Smith (2006) NSW ConvR 56-164; [2006] NSWSC 889 G & G Mikhael Pty Ltd v Chalak [2022] NSWSC 191 Category: Procedural rulings Parties: G & G Mikhael Pty Limited (Plaintiff/Respondent on Motion) Safwan Nizar Chalak (Defendant/Applicant on Motion) Representation: Counsel: J Young with Dr A Lim (Plaintiff/Respondent on Motion) D R Sulan SC with T Rollo (Counsel) (Defendant/Applicant on Motion)