Kopas v Celermajer Holdings Pty Ltd

In *Kopas v Celermajer Holdings Pty Ltd*, the applicant, Dr Kopas, sought a further stay of a writ of possession concerning residential premises. The respondent, Celermajer Holdings Pty Ltd, was the landlord. The dispute arose from Dr Kopas's failure to vacate the premises as previously ordered, with Dr Kopas seeking additional time to find alternative accommodation and requesting housing assistance.

The Court of Appeal was required to determine whether to grant a further extension of the stay of the writ of possession. This involved considering the applicant's circumstances, including her efforts to find affordable alternative accommodation and her request for housing assistance, in light of the landlord's right to possession.

The Court acknowledged the applicant's difficulties in securing new housing but ultimately found that the previous orders for possession should be upheld. The Court reasoned that while it had a discretion to grant a further stay, this discretion was contingent on the applicant meeting certain conditions. The Court ordered that the previous stay be extended until 22 June 2012, but this extension was conditional upon Dr Kopas making prompt weekly rental payments of $270. The Court stipulated that if this condition was breached, a writ of possession could issue immediately. The applicant was also ordered to pay the respondent's costs associated with the notice of motion filed on 2 May 2012.