Dowker & Anor v Paoletti

The parties to this proceeding before the High Court of Australia were Ms M.L. Dowker and Mr Bennett, who appeared in person, and Mr Nick Paoletti, who also appeared in person with his partner, Ms Nina McFarlane, acting as a McKenzie friend. The dispute concerned an application by Ms Dowker and Mr Bennett for a stay of execution pending the hearing of their special leave application. This application sought to stay orders made by the Full Court, which had dismissed their appeal from a District Court judge's orders revoking a previous stay on orders for their vacation of a property.

The primary legal issue before the High Court was whether to grant a stay of execution on the orders for vacation of the property. This was predicated on Ms Dowker and Mr Bennett's assertion that they disputed the judgment of the Full Court. A related issue arose from the fact that Ms Dowker and Mr Bennett had also instituted, or were about to institute, separate proceedings in the Supreme Court seeking rescission of the contract of sale for their home to Mr Paoletti, and were seeking a Mareva injunction due to concerns about Mr Paoletti's potential bankruptcy.

The Court considered the applicants' submission that they had been induced into the sale by Mr Paoletti's alleged false and misleading statements regarding their ability to continue renting the property and keep their animals. They contended that the sale was unconscionable and that the bank had not fulfilled its duty to sell the property for the best price. Mr Paoletti, in response, asserted that the tenancy agreement was in writing and that he had provided rent-free periods and paid additional sums over the asking price to assist the tenants, who were not in a position to sell the property themselves. He also stated that the dealings were conducted through the tenants' lawyer and the bank. The Court noted that the applicants were acting without legal representation due to cost, and that their separate action in the Supreme Court was not yet formally commenced.