Qasim v PF 473 Pty Ltd

In this matter before Gleeson JA of the Court of Appeal of the Supreme Court of New South Wales, the appellant, Qasim, sought a stay of execution of writs of possession issued in respect of two properties. The first respondent, PF 473 Pty Ltd, had obtained these judgments. The dispute centred on whether the appellant had raised sufficiently serious issues or arguable grounds to warrant a stay, particularly in light of one property being scheduled for auction by a mortgagee and the potential prejudice to that mortgagee.

The primary legal issues before the Court were whether the appellant had demonstrated that the notice of appeal raised "serious issues" or "arguable grounds" for the purpose of granting a stay of execution. Furthermore, the Court was required to consider the balance of convenience or hardship, specifically whether postponing the mortgagee's auction would cause unfair prejudice to the mortgagee, and whether the enforcement of the second writ of possession should be stayed pending the appeal.

Gleeson JA considered the appellant's arguments and the material before the Court. The Court found that the appellant had not established the necessary threshold of serious issues or arguable grounds to justify the grant of a stay. The potential prejudice to the mortgagee from postponing the auction was also a significant factor. Consequently, the Court determined that the interim stay previously granted should be discharged.

The Court ordered the discharge of the order made by Kirk JA on 9 October 2024, and dismissed the notice of motion filed on 16 August 2024. The appellant was ordered to pay the first respondent’s costs of the motion.