BATISTE & ORS v LENIN [2002] NSWCA 358

New South Wales Court of Appeal

CITATION : BATISTE & ORS v LENIN [2002] NSWCA 358 FILE NUMBER(S) : CA 40335/02 HEARING DATE(S) : 28 October 2002 JUDGMENT DATE : 28 October 2002

Donna Batiste - First Claimant PARTIES : Hazaran Pty Ltd - Second Claimant Chrystalis Holdings Pty Ltd - Third Claimant Michael Petrovic Lenin - Opponent JUDGMENT OF : Sheller JA

LOWER COURT JURISDICTION : Supreme Court - Equity Division LOWER COURT 3548/01 FILE NUMBER(S) : LOWER COURT Bergin J JUDICIAL OFFICER :

COUNSEL : L J Aitken/J M Baxter - Claimants M Walton SC - Opponent SOLICITORS : Horowitz Bilinski - Claimants Phillips Fox - Opponent

LEGISLATION CITED : Conveyancing Act 1919 CASES CITED: Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (1986) 161 CLR 681 DECISION : Application dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40335/02 ED 3548/01

SHELLER JA

Monday, 28 October 2002 BATISTE & ORS v LENIN JUDGMENT (Application for stay) 1 SHELLER JA: This is an application by notice of motion made to the Court by the claimants, Donna Batiste, Hazaran Pty Limited (Hazaran) and Chrystalis Holdings Pty Limited (Chrystalis), that the judgment of this Court in an appeal in which the claimants were appellants and the opponent, Michael Petrovic Lenin, was the respondent, be stayed pending the hearing and determination of the claimants' application for special leave to appeal to the High Court. In the alternative, an order is sought for a stay of the execution of the writ of possession granted to the opponent in the matter. 2 The application for special leave to appeal was filed on 25 October 2002. The grounds of the appeal are:-