Foundas v Arambatzis (No. 4)

[2020] NSWCA 100

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Application to vary or set aside orders
4. › Whether orders for delivery of vacant possession should be set aside or varied in light of COVID-19 pandemic
5. › Whether executive or legislative instruments responding to COVID-19 pandemic preclude execution of writ for possession
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 18.1, 36.16
1. Real Property
2. › Co-ownership
3. › Trustees for sale
4. › Order for vacant possession consequent upon appointment of trustees for sale under s 66G
5. › Whether COVID-19 moratorium on evictions applies to co-owner required to deliver vacant possession
6. › Conveyancing Act 1919 (NSW), s 66G
1. Landlord and Tenant
2. › Residential tenancies
3. › COVID-19 moratorium on evictions
4. › Whether moratorium applies to person not in possession under residential tenancy agreement
5. › Whether person qualifies as 'impacted tenant'
6. › Residential Tenancies Act 2010 (NSW)
7. › Residential Tenancies Regulation 2019 (NSW), cl 41B, 41C

Quick Take

Practitioners acting for co-owners subject to s 66G trustee for sale orders should note that COVID-19 residential tenancy moratorium provisions do not apply to persons not in possession under a residential tenancy agreement, and that the onus lies on the party seeking a stay to adduce evidence of COVID-19 impact.