Kopas v Celermajer Holdings Pty Ltd [2012] NSWCA 146

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kopas v Celermajer Holdings Pty Ltd [2012] NSWCA 146 Hearing dates: 7 May 2012 Decision date: 07 May 2012 Before: Tobias AJA Decision: (a) Order 3 made by the Court of Appeal on 29 March 2012 is extended up to and including 22 June 2012 conditional upon prompt payment by Dr Kopas on the due date of rental in the sum of $270 per week and that in the event that there is a breach of that condition a writ of possession may issue forthwith. (b) The applicant to pay the respondents' costs of the notice of motion filed on 2 May 2012. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE AND PROCEDURE - Landlord and tenant - Application for further stay order granting possession of the premises - Finding affordable alternative accommodation - Request for housing assistance Cases Cited: Celermajer Holdings Pty Ltd v Kopas [2011] NSWSC 40 Celermajer Holdings Pty Ltd v Kopas [2011] NSWSC 304 Kopas v Celermajer Holdigns Pty Ltd [2012] NSWCA 53 Category: Procedural and other rulings Parties: Jurai KOPAS (applicant) CELERMAJER HOLDINGS PTY LTD (respondents) Representation: Counsel: A E Maroya (applicant) J White (respondents) Solicitors: McCabe Terrill Lawyers Pty Limited (applicant) Michael Michell & Associates (respondents) File Number(s): 2006/255754 Decision under appeal Citation: Celermajer Holdings Pty Ltd v Kopas [2011] NSWSC 40 Celermajer Holdings Pty Ltd v Kopas [2011] NSWSC 304 Before: Ward J File Number(s): 2006/255754