PANGAS v LORD [1997] NSWCA 244

PANGAS v LORD SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MASON P 16 December 1997

[1997] NSWCA 244

Mason P. Late yesterday afternoon application was made before me on notice of motion for an order that certain orders made by Bryson J on 7 October 1997 be stayed pending the determination of an appeal in this court.

In about 1977 Mr Peter Pangas and his then wife, Robynne Pangas, separated. Peter Pangas is the brother of Winston Pangas, who is the applicant for the stay. The separation led to proceedings in the Family Court for divorce which were resolved, it would appear, some time in 1985 when the property settlement was made by Peter Pangas in favour of his former wife. That lady is now known as Robynne Lord. The property settlement was not met and, in 1994 and 1995, three judgments were entered in favour of Mrs Lord in proceedings in the Supreme Court. Damages were ordered to be paid. That liability is not presently in dispute. The money is, however, still outstanding and stands at approximately $1 million, so I was informed yesterday.

On 8 June 1995 Mrs Lord caused a writ of execution to issue from the Supreme Court to enforce the judgment debt. She proposed to execute it against a property at 15 Hunter Street, Sydney belonging to her former husband, Peter Pangas, and apparently his only asset at the time. The writ was registered against the title on 14 July 1995. On 11 August 1995 a mortgage apparently executed in 1991 between Peter Pangas as mortgagor and Winston Pangas as mortgagee was registered against the title. It secured a debt of $3.5 million.

Mrs Lord then commenced proceedings to assert the priority of her rights under the writ of execution over the mortgage. Those proceedings came before Bryson J on 22 November 1995. After refusing an adjournment based upon medical grounds advanced on behalf of one of the Pangas brothers, Bryson J held that Mrs Lord's writ of execution had priority over the mortgage in favour of Winston Pangas.