Perpetual Corporate Trust Limited v Colevski Pty Limited [2024] NSWSC 607

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Corporate Trust Limited v Colevski Pty Limited [2024] NSWSC 607 Hearing dates: 20 May 2024 Date of orders: 20 May 2024 Decision date: 21 May 2024 Jurisdiction: Common Law Before: Lonergan J Decision: The notice of motion filed 17 May 2024 is dismissed with costs. Catchwords: PROCEDURE – civil – third application for stay of execution of writ of possession over three properties – too little too late – eviction from two of the three properties scheduled for 9:00am and 10:00am 20 May 2024 – affidavit inadequate and includes demonstrably false allegations by deponent (director of first defendant / eighth named defendant) – no defence ever filed – no affidavit of solicitor for defendants outlining or annexing any grounds of defence – judgment entered July 2023 – stay of writ of execution issued in January 2024 lifted by consent in February 2024 – nothing since – potential conflict of interest given allegations of incompetence in affidavit of Ms Colevski regarding solicitor with conduct of the matter previously, and, it seems, currently – no valid explanation for lateness – application refused Legislation Cited: Civil Procedure Act 2005 (NSW) National Consumer Credit Protection Act 2009 (Cth), Schedule 1 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: National Australia Bank Ltd v Hunwick [2017] NSWSC 798 Category: Procedural rulings Parties: Perpetual Corporate Trust Limited (Plaintiff) Colevski Pty Limited (First Defendant) Goce Talevski (Second Defendant) Keti Talevski (Third Defendant) David Dragi Trifunovski (Fourth Defendant) Lena Trifunovska (Fifth Defendant) Boka Colevska (Sixth Defendant) Krste Colevski (Seventh Defendant) Valentina Colevski (Eighth Defendant) Representation: Solicitors appearing: N Ji (Plaintiff) S Atsalis (Defendants)