Sayed v National Australia Bank Ltd

Sayed appealed to the Court of Appeal of New South Wales against an order of the Supreme Court of New South Wales that had refused to extend a stay of a writ of possession. The dispute concerned the possession of property, with the appellant seeking further time to remain in possession.

The primary legal issue before the Court of Appeal was whether to grant an extension of the stay of the writ of possession, and if so, on what conditions. This involved considering the prospects of success of a potential appeal by Sayed against the Supreme Court's decision.

Emmett JA considered the circumstances and the potential grounds of appeal. His Honour determined that an extension of the stay was warranted, but only on strict conditions. These conditions included the filing of a notice of appeal by a specified date and the reservation of the respondent bank's right to seek dissolution of the stay if the grounds of appeal lacked any prospect of success.

The Court ordered that the stay of the writ of possession be extended up to and including 2 April 2013, provided that a notice of appeal was filed no later than Wednesday, 20 March 2013. The bank's right to apply for dissolution of the stay was preserved if the filed notice of appeal did not indicate grounds with a prospect of success.