Arambatzis v Foundas (No 2)

In *Arambatzis v Foundas (No 2)*, the Court of Appeal considered an application for a further stay of execution of a writ for possession. The applicant, Mrs Foundas, sought this stay in circumstances where limited progress had been made since an initial stay was granted, and a pro bono referral had proven unavailing. The applicant also contended that she did not have access to the published reasons for judgment concerning the previous stay.

The central legal issues before the Court were whether to grant a further stay of execution of the writ for possession, and whether to make a further referral to the pro bono panel for legal assistance. The Court was also required to consider the implications of fresh evidence, described as an original document with indicia of authenticity, which purportedly raised a serious question of a miscarriage of justice in the decision below and was said to have been sent to the Court.

Brereton JA granted the further stay of execution of the writ for possession until 6 July 2021 or an earlier further order. His Honour reasoned that the fresh evidence, which suggested a potential miscarriage of justice, warranted the extension of the stay. The Court also made a referral, pursuant to UCPR r 7.36, to the Registrar for Mrs Foundas to be referred to a barrister or solicitor on the pro bono panel for legal assistance. The Registrar was directed to provide a copy of the judgment of 1 March 2021 to the appointed legal practitioner. The proceedings were adjourned to the Court of Appeal Registrar's List on 5 July 2021, with a clear indication that any further extension would necessitate very prompt steps to progress the proceedings.