Saravinovski v Saravinovska

In the matter of *Saravinovski v Saravinovska*, the appellant, Chris (Krste) Saravinovski, sought a stay of execution of certain Supreme Court of New South Wales orders pending the determination of his appeals. The respondent, Maria Saravinovska, as executrix of the estate of the late George Saravinovski, was involved in the proceedings concerning properties at 7 Wharf Road, Kogarah NSW, and another property identified by Folio Identifier B/365145.

The primary legal issues before the Court concerned whether to grant an interlocutory injunction pending appeal and whether to grant a stay of execution of specific Supreme Court orders. These applications were made on the basis that the appellant had arguable grounds for appeal, and the Court was required to consider the balance of convenience in determining whether to grant the requested relief.

The Court resolved the matter by noting undertakings given by the appellant and the respondent. The appellant, through his tutor and senior counsel, provided the usual undertaking as to damages. In response, the respondent undertook not to further deal with or encumber the No 7 Property, except to enter into and complete a Contract for Sale at a price of not less than $1,650,000.00 with a settlement period of not less than 42 days. The respondent also undertook to notify the appellant in writing of any such sale and provide a copy of the contract. The Court then stayed further execution of specific Supreme Court orders pending the determination of the appeals, with liberty to the parties to approach the Registrar for allocation of a final hearing. The costs of the motions were made costs in the appeal.