National Australia Bank Ltd v C & O Voukidis Pty Ltd (No. 2) [2014] NSWSC 668

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd v C & O Voukidis Pty Ltd (No. 2) [2014] NSWSC 668 Hearing dates: 20 May 2014 Decision date: 20 May 2014 Jurisdiction: Common Law Before: Campbell J Decision: (1)The taking of any step in furtherance of the execution of a writ of possession in respect of the property known as X XXXXXXXXXX, XXXXXXX is stayed until 5pm on Thursday 22 May 2014, upon the undertaking of the first defendant to pay any fees wasted by reason of this order. (2)I direct that order (1) may be entered forthwith and that the first defendant may serve a copy of the order by fax or email upon the Sheriff of New South Wales. I make the following supplementary orders: (3)Grant leave to the first and fourth defendants to file a motion seeking a stay of execution today which motion may be made returnable before me at 10am on Thursday 22 May 2014. (4)The applicants to lodge any evidence in support of the application in my chambers by 4.30pm today. (5)The plaintiff to lodge any evidence in reply with my chambers by 4.30pm tomorrow 21 May 2014. Catchwords: REMEDIES - stay for a writ of possession - whether balance of convenience favours granting a short stay Category: Interlocutory applications Parties: National Australia Bank Ltd (Plaintiff) C & O Voukidis Pty Ltd (First Defendant) Olga Voukidis (Fourth Defendant) Representation: Counsel: P Reynolds (Plaintiff) P Afshar (First Defendant) Mr D Ash (Fourth Defendant) Solicitors: Gadens Lawyers (Plaintiff) JBT Lawyers (First Defendant) Carneys Lawyers (Fourth Defendant) File Number(s): 2012/00082867