Ozkan Ozden and Nuray Ozden v Commonwealth Bank of Australia (ABN 48 123 123 124)

Ozkan and Nuray Ozden sought a stay of the execution of a warrant for possession of their family home pending the hearing of their appeal against a judgment that awarded possession of the home to the Commonwealth Bank of Australia. The matter was heard in the Supreme Court of Victoria. The Ozdens had previously applied for a stay of the execution of the judgment, which was denied. Their current application was based on different circumstances, including an undertaking to make interest payments on the judgment debt and to pay a lump sum to the respondent. The Ozdens also proposed additional grounds of appeal. The court found that special circumstances existed and granted the application. It ordered that the Ozdens provide an undertaking to make interest payments on the judgment debt and to pay a lump sum to the respondent. The court also ordered that the execution of the warrant for possession be stayed pending the hearing of the appeal.