NSW Caselaw
New South Wales Court of Appeal
CITATION: Serobian v Commonwealth Bank of Australia [2009] NSWCA 309
HEARING DATE(S): 17 September 2009
JUDGMENT DATE: 17 September 2009
JUDGMENT OF: Campbell JA
EX TEMPORE JUDGMENT DATE: 17 September 2009
DECISION: Writ of possession stayed for limited period. Notice of Motion dismissed with costs.
CATCHWORDS: PROCEDURE - stay of orders of lower court pending appeal - stay of writ of possession of family home - factors affecting grant of stay - prospects of success on appeal - ability to offer terms to respondent during period of stay - whether appeal would be nugatory without stay
Contracts Review Act 1980 Conveyancing Act 1919 LEGISLATION CITED: Fair Trading Act 1987 Real Property Act 1900 Supreme Court Act 1970 Trade Practices Act 1974 (Cth)
CATEGORY: Procedural and other rulings
Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 CASES CITED: Commonwealth Bank of Australia v Shahen Serobian [2009] NSWSC 302 Fox v Percy [2008] HCA 22; (2003) 214 CLR 118 Wright v Ryan [2005] NSWCA 368
Shahen Serobian - First Applicant PARTIES: Christine Serobian - Second Applicant Commonwealth Bank of Australia - Respondent
FILE NUMBER(S): CA 40246/09
COUNSEL: C Serobian (in person) - Applicants P Dowdy - Respondent
SOLICITORS: Unrepresented (in person) - Applicants Henry Davis York - Respondents
LOWER COURT JURISDICTION: Supreme Court - Equity Division
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