Saravinovski v Saravinovska [2016] NSWCA 310

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Saravinovski v Saravinovska [2016] NSWCA 310 Hearing dates: 14 November 2016 Decision date: 14 November 2016 Before: Basten JA Decision: In matter 2016/239390:

The Court without admissions:

1. Notes that upon the appellant Chris (Krste) Saravinovski, through his tutor and by senior counsel giving to the Court the usual undertaking as to damages, the respondent Maria Saravinovska (as executrix of the estate of the late George Saravinovski) undertakes to the Court: (a) not to further deal with or encumber the property at 7 Wharf Road, Kogarah NSW, being the land in Folio Identifier 2/8/1963 (the No 7 Property), but such undertaking shall not restrict the respondent from entering into and completing any Contract for Sale in relation to the No 7 Property, provided such sale occurs at a price of not less than $1,650,000.00 and the settlement period is not less than 42 days; and (b) within 2 days of the respondent entering into any Contract for Sale in relation to the No 7 Property, the respondent shall notify the appellant of the sale in writing and provide a copy of the entered Contract for Sale pertaining to the sale.

2. Upon the appellant through his tutor and by his senior counsel giving to the Court the usual undertaking as to damages stays until further order or determination of this appeal further execution of orders 1-3 of the orders made in New South Wales Supreme Court proceedings 2012/39748 on 7 September 2016.

3. Grants liberty to the parties to forthwith approach the Registrar for allocation of a final hearing together with appeal proceedings No. 2016/233724.