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In proceedings before the Larnaca District Court, the firm successfully represented the respondent in opposition to an application seeking a stay of execution of a judgment pending appeal, following the issuance of a summary judgment which included, inter alia, an order for delivery of vacant possession and monetary relief.
The respondent was represented by Antonis Georgiou, Partner, who opposed the application on the basis that no special circumstances had been established to justify a stay.
The applicants argued that the appeal had prospects of success and that enforcement would cause financial and operational disruption. The Court, however, held that such assertions were not sufficiently substantiated and that no evidence had been provided to demonstrate an inability to comply with the judgment or that the appeal would be rendered ineffective.
Reaffirming that an appeal does not operate as an automatic stay and that the successful party is entitled to the fruits of the judgment, the Court found that the threshold for granting a stay had not been met.
The application was accordingly dismissed, with costs awarded against the applicants.
