Bendigo & Adelaide Bank Ltd v Karamihos [2014] NSWSC 1045

Supreme Court New South Wales

Medium Neutral Citation: Bendigo & Adelaide Bank Ltd v Karamihos [2014] NSWSC 1045 Hearing dates: 29/07/2014 Decision date: 29 July 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) Grant leave to the defendants to file in Court a Notice of Motion dated 29 July 2014. (2) Order that the Notice of Motion be returnable instanter. (3) Grant leave to the defendants to file in Court an affidavit of Anne Antoniou dated 29 July 2014. (4) Dispense with any requirement for further service of those documents. (5) Dismiss the Notice of Motion filed 29 July 2014. (6) Order the defendants to pay the plaintiff's costs. Catchwords: PROCEDURE - civil - judgments and orders - stay execution of Writ of Possession; Court of Appeal ordered that leave be granted to issue Writ of Possession - application to Court of Appeal to stay execution of Writ of Possession refused - application to High Court of Australia to stay execution of Writ of Possession refused - current application sought on essentially same basis as previous applications - no general point of principle Legislation Cited: Contracts Review Act 1980 Cases Cited: Bendigo and Adelaide Bank Ltd v Karamihos (No.2) [2014] NSWCA 76 Bendigo and Adelaide Bank Ltd v Karamihos [2014] NSWCA 17 Jennings Constructions Ltd v Burgundy Royale Investments Pty Ltd [1986] HCA 84; (1986) 161 CLR 681 Karamihos & Anor v Bendigo and Adelaide Bank Limited [2014] HCA Trans 155 Karamihos v Bendigo and Adelaide Bank Ltd [2014] NSWCA 221 Steve Karamihos and Aristea Caramihos v Bendigo and Adelaide Bank Limited, Bendigo and Adelaide Bank Limited v Steve Karamihos and Aristea Karamihos [2013] NSWSC 172 Category: Procedural and other rulings Parties: Bendigo & Adelaide Bank Ltd (P) Steve Karamihos (D1) Aristea Karamihos (D2) Representation: Counsel: R Bellamy (P) M Bechara (D1 and D2) Solicitors: Gadens (P) Bechara & Co (D1 and D2) File Number(s): 2009/00296156