Connam Pty Limited as Trustee for Christodoulou Family Trust v George Lazarou and Ors [2020] NSWSC 397

Supreme Court New South Wales

Medium Neutral Citation: Connam Pty Limited as Trustee for Christodoulou Family Trust v George Lazarou and Ors [2020] NSWSC 397 Hearing dates: On the papers Date of orders: 15 April 2020 Decision date: 15 April 2020 Jurisdiction: Common Law Before: Johnson J Decision: 1. Leave is granted to the Plaintiff for the issue of a writ of restitution to restore to the Plaintiff possession of the land comprised in Folio Identifier 38/1701 being the land situated at and known as 2 William Street (also known as 2A William Street), Strathfield South, NSW. 2. The Plaintiff has leave to execute the writ of restitution forthwith. 3. The Defendants are to pay the Plaintiff's costs of the Notice of Motion dated 9 April 2020. Catchwords: MORTGAGES - claim for possession of land following mortgage default - judgment entered in favour of Plaintiff and writ of possession issued - writ of possession executed and Plaintiff takes possession of property - Defendants obtain stay without informing Court that writ had already been executed - Defendants thereafter re-enter and take possession of property - Plaintiff seeks writ of restitution to recover possession of property - writ of restitution granted Legislation Cited: --- Cases Cited: Australia and New Zealand Banking Group Ltd v Rafferty [2018] NSWSC 960 Connam Pty Limited as trustee for Christodoulou Family Trust v Lazarou [2019] NSWSC 1268 Connam Pty Limited as trustee for Christodoulou Family Trust v Lazarou (No. 2) [2019] NSWSC 1863 Perpetual Limited v Kelso and Anor [2008] NSWSC 906 Inglis v Commonwealth Trading Bank of Australia (1972) 126 CLR 161; [1972] HCA 74 GE Personal Finance Pty Limited v Smith (2006) NSW ConvR 56-164; [2006] NSWSC 889 Texts Cited: --- Category: Procedural and other rulings Parties: Connam Pty Ltd as Trustee for Christodoulou Family Trust (Plaintiff) George Lazarou (First Defendant) Andreas Lazarou (Second Defendant) Sofia Lazarou (Third Defendant) Representation: Counsel: Ms DC Chambers, solicitor (Plaintiff) Mr N Vasta, solicitor (Defendants)