Mastronardo v Commonwealth Bank of Australia t/as BankWest [2019] NSWCA 99

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mastronardo v Commonwealth Bank of Australia t/as BankWest [2019] NSWCA 99 Hearing dates: 29 April 2019 Decision date: 29 April 2019 Before: Meagher JA Decision: 1. Dismiss the applicants' notice of motion filed 29 April 2019 seeking a stay of execution of the writs of possession of the properties at 8 and 8A Pile Street, Gladesville. 2. Order the applicants pay the respondent's costs of that motion. Catchwords: PRACTICE – stay pending application for leave to appeal – whether sufficiently arguable error of primary judge in exercise of discretion to justify stay of execution of writs for possession – no question of principle Cases Cited: House v The King (1936) 55 CLR 499; [1936] HCA 40 Category: Procedural and other rulings Parties: Carmelo Adriano Mastronardo (first applicant) Claudia Alejandro Mastronardo (second applicant) Commonwealth Bank of Australia t/as BankWest (respondent) Representation: Counsel: M Cashion SC (applicants) M Dempsey SC, MC Rose (respondent)

Solicitors: Tomaras Lawyers (applicants) Norton Rose Fulbright (respondent) File Number(s): 2019/132382 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2019] NSWSC 466 Date of Decision: 26 April 2019 Before: Fagan J File Number(s): 2014/86502