Foundas v Arambatzis (No 6)

In *Foundas v Arambatzis (No 6)*, the applicants, Cassiani Foundas and Bill Foundas, sought a stay of execution of a writ of possession concerning a property at Magee Street, Ashcroft. The application for the stay arose in circumstances where the execution of the writ had previously been stayed due to evidence that was later discovered to be forged. A concurrent hearing of an application for leave to appeal and the substantive appeal had itself been stayed pending the determination of criminal proceedings against the first applicant concerning this forged evidence. The matter came before the Court of Appeal of New South Wales, constituted by Ward P, White and Kirk JJA.

The primary legal issue before the Court was whether the writ of possession ought to be stayed pending the determination of the appeal. This required the Court to consider the strength of the grounds of appeal and to balance the potential for injustice to the parties in granting or refusing the stay.

The Court reasoned that there were no reasonable arguable grounds for the appeal. In applying the principles for granting a stay, the Court determined that a stay was least likely to lead to injustice when all relevant factors were balanced. Consequently, the Court dismissed the applicants' notice of motion.

The notice of motion filed by Cassiani Foundas and Bill Foundas for a stay of execution of the writ of possession was dismissed with costs.