Elias v Chidiac [2010] NSWSC 1364

The lender took a mortgage over the husband’s share of the property. The lender then sought to sell the property pursuant to s66G Conveyancing Act. The estranged wife sought to have the proceedings stayed pending the outcome of a Family Court case in which she asserted that the husband had entered into the loan to burden the matrimonial property and avoid her obtaining his share. The wife made an application in the Family Court to set aside the loan on that basis. The judge was satisfied that the wife’s claim was reasonably arguable. However because the wife did not proffer the usual undertaking as to damages the stay was refused.

Click here to read the full judgment

Scroll to Top