Fazio v Verge
[2013] FCA 335
•11 April 2013
FEDERAL COURT OF AUSTRALIA
Fazio v Verge [2013] FCA 335
Citation: Fazio v Verge [2013] FCA 335 Parties: ARTURO SALVATORE FAZIO v EVAN ROBERT VERGE AND GEORGE AUBREY LOPEZ File number: WAD 47 of 2013 Judge: SIOPIS J Date of judgment: 11 April 2013 Date of hearing: 4 April 2013 Place: Perth Division: GENERAL DIVISION Category: No Catchwords Number of paragraphs: 6 Counsel for the Appellant: The Appellant appeared in person. Counsel for the Respondents: Ms K Levy
Solicitor for the Respondents: Kott Gunning Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
WAD 47 of 2013
BETWEEN: ARTURO SALVATORE FAZIO
AppellantAND: EVAN ROBERT VERGE AND GEORGE AUBREY LOPEZ
Respondents
JUDGE:
SIOPIS J
DATE OF ORDER:
11 APRIL 2013
WHERE MADE:
PERTH
UPON THE APPELLANT AND RESPONDENTS EACH UNDERTAKING TO THE COURT THAT EACH WILL, UNTIL FURTHER ORDER, NOT TAKE ANY STEPS TO SELL 10 HANNAH PLACE, LEEMING (THE PREMISES), THE COURT BY CONSENT ORDERS:
1.The matters in issue before the parties in appeal number WAD 47 of 2013 be mediated before Justice Gilmour on a date not before 22 May 2013.
2.Any mediation fee is waived.
3.The solicitors for the respondents, communicate by facsimile transmissions to the appellant (on fax number 08 9332 6630), any offers of settlement, by 21 days prior to the date fixed for mediation.
4.Correspondence and communications between the parties be conducted between the appellant and Kott Gunning, solicitors for the respondents.
5.The appellant be permitted, immediately, to take possession of the Premises, subject to the following conditions:
a.immediately upon the conclusion of the mediation, the appellant is to vacate the Premises; and
b.the parties have liberty to apply before Justice Gilmour in relation to Order 5(a), prior to the conclusion of the mediation.
THE COURT ORDERS THAT:
6.This matter is adjourned to a date to be fixed with each party to have liberty to apply to reinstate the stay application, filed 27 March 2013.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
WAD 47 of 2013
BETWEEN: ARTURO SALVATORE FAZIO
AppellantAND: EVAN ROBERT VERGE AND GEORGE AUBREY LOPEZ
Respondents
JUDGE:
SIOPIS J
DATE:
11 APRIL 2013
PLACE:
PERTH
REASONS FOR JUDGMENT
On 6 February 2013, McKerracher J, on the application of the trustees in bankruptcy of the late Ms Samantha Underdown, made orders that the appellant, Mr Arturo Salvatore Fazio, surrender vacant possession of 10 Hannah Place, Leeming.
On 20 February 2013, Mr Fazio filed a notice of appeal No 47 of 2013, dated 15 February 2013, against the orders of McKerracher J.
On 27 March 2013, whilst his appeal was still pending, a sheriff acting on the basis of the order that Mr Fazio surrender vacant possession of the Leeming property to the trustees in bankruptcy, evicted Mr Fazio from the Leeming property. On the same day, Mr Fazio filed an urgent application for the stay of the orders of McKerracher J, pending the hearing of his appeal, and that he immediately be entitled to resume occupancy of the Leeming property.
On 4 April 2013, I heard argument on Mr Fazio’s stay application and reserved my decision.
Since reserving my decision, the parties have reached an agreement to go to mediation, and on attendant orders which will permit Mr Fazio to resume occupation of the Leeming property until the conclusion of the mediation, upon conditions.
The Court will make orders in terms of the orders agreed between the parties and will, otherwise, adjourn the stay application to a date to be fixed. Each party will have liberty to apply to reinstate the stay application filed by Mr Fazio.
I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Siopis. Associate:
Dated: 11 April 2013
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