NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Connam Pty Ltd atf Christodoulou Family Trust v Lazarou (No 4) [2020] NSWSC 484 Hearing dates: 28 April 2020 Date of orders: 28 April 2020 Decision date: 28 April 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The motion is dismissed. (2) The second defendant pay the plaintiff's costs. Catchwords: MORTGAGES AND SECURITIES — mortgages — duties, rights and remedies of mortgagee — possession — application for stay of execution of writ of restitution — where defendants retook possession contrary to court orders — prospect of refinancing and hardship — successive applications on similar grounds — where evidence that refinancing of loan would occur prior to mortgagee sale of property Cases Cited: Alliance Building Society v Austen [1951] 2 All ER 1068 Connam Pty Limited as Trustee for Christodoulou Family Trust v George Lazarou and Ors [2020] NSWSC 397 GE Personal Finance v Smith [2006] NSWSC 889 Perpetual Limited v Kelso [2008] NSWSC 906 Pitcher v Roe (1841) 9 Dowl 971 St George Bank v Udowenko [2010] NSWSC 1289 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: Solicitors: DC Chambers & Associates (Plaintiff) Nicholas Vasta (Defendants) File Number(s): 2019/51609 Publication restriction: None
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