Serobian v Commonwealth Bank of Australia

The case of *Serobian v Commonwealth Bank of Australia* concerned an application for a stay of a writ of possession issued by the Supreme Court of New South Wales, which would have permitted the Commonwealth Bank of Australia to take possession of the family home. The applicant, Ms. Serobian, sought to prevent the immediate execution of this writ pending the determination of her appeal against the orders that led to its issuance.

The central legal issue before the Court of Appeal was whether to grant a stay of the writ of possession. This required the court to consider several factors, including the prospects of success on Ms. Serobian's appeal, the potential prejudice to the respondent bank if the stay were granted, and whether the appeal would be rendered nugatory without the requested stay. The court also had to assess the ability of Ms. Serobian to offer terms to the bank that would mitigate any disadvantage it might suffer during the period of the stay.

In reaching its decision, the Court of Appeal applied established principles governing applications for stays pending appeal. The court considered the strength of Ms. Serobian's grounds of appeal and the potential for irreparable harm if she were dispossessed of her home before the appeal was heard. Balancing these considerations against the bank's interests, the court determined that a limited stay was warranted. The court ultimately ordered that the writ of possession be stayed for a specified period. The Notice of Motion seeking the stay was dismissed with costs.