Sayed v National Australia Bank Limited (No 2)

[2013] NSWCA 140

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Sayed v National Australia Bank Limited (No 2) [2013] NSWCA 140

Hearing dates:

20 February 2013

Decision date:

20 February 2013

Before:

Beazley JA; Barrett JA

Decision:

Writ of possession stayed up to and including 21 March 2013.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

PROCEDURE - civil - judgments and orders - stay

Category:

Interlocutory applications

Parties:

Bilal Sayed (First Applicant)
Nicole Sayed (Second Applicant)
National Australia Bank Limited (Respondent)

Representation:

Counsel:
In person (Applicants)
G Lucarelli (Respondent)
Solicitors:
In person (Applicants)
Dibbs Barker (Respondent)

File Number(s):

CA 2012/329980

 Decision under appeal 

Jurisdiction:

9111

Citation:

National Australia Bank Limited v Bilal Sayed

Date of Decision:

2012-10-22 00:00:00

Before:

Rein J

File Number(s):

2010/135614

Judgment

1. THE COURT: There is before the Court, in addition to the summons seeking leave to appeal with which we have dealt, a notice of motion filed on 13 February 2013 seeking a stay of a writ of possession. The Court is of the opinion that in the circumstances of this case, where the respondent communicated to the applicant various positions as to whether or not leave was required and indicated various orders that they were prepared to consent to, that it is appropriate that the Court stay the writ of possession.

1. The respondent has informed the Court that it will consent to a stay, but on certain conditions which it has set out in a document which it has handed to the Court, and on condition that a notice of appeal in the matter be filed quickly. The Court is of the opinion that at this stage it should simply make an order for the stay of the writ of possession for a period of four weeks and it will then be up to the applicant, Mr Sayed, to take whatever procedural steps he considers appropriate, including the filing of an appeal. If he is going to seek that the stay be extended, he will have to do so prior to its expiry.

1. The only order that we make on the stay of the writ of possession at this stage on the notice of motion for the stay is as follows:

Writ of possession stayed up to and including 21 March 2013.

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Decision last updated: 28 May 2013