Court rules Feldmans out of Flood Street
A NSW Supreme Court judge has found "there is no factor which establishes a legitimate basis" for members of the Feldman family to remain at Yeshiva's property in Flood Street after their lease ended on Tuesday, earlier this week.
A NSW Supreme Court judge has found “there is no factor which establishes a legitimate basis” for members of the Feldman family to remain at Yeshiva’s property in Flood Street after their lease ended on Tuesday, earlier this week.
As a result, Our Big Kitchen, Yeshiva College, Bondi, and a newly formed synagogue will continue to operate out of Flood Street, but the Yeshiva Centre with Rabbi Pinchus Feldman at the helm and Yeshiva Synagogue will have to find a new home.
Earlier this year, Harry Triguboff, who owns Yeshiva’s site on Flood Street, informed Rabbi Pinchus Feldman, Rabbi Yossi Feldman and some other members of the family that when their lease expires on December 19 it would not be extended.
Yeshiva Synagogue, the Sydney Talmudic College and Rabbi Yossi Feldman took Triguboff to court but lost.
They have appealed the decision and asked the court to grant them an extension until the appeal is held next year.
“In the absence of any evidence suggesting that the subject matter of the appeal will be destroyed or diminished if a stay is not granted, there is no reason to make an order which restrains the respondent from acting in accordance with the judgement (in favour of Triguboff),” the judge said in his ruling.
“In fact, the evidence supports the view that the premises may well be enhanced, though perhaps not within the likely timeframe of the proceedings in this Court.
“In those circumstances, it would not be appropriate to grant a stay of the orders below.”
He went on to say that the Feldmans had more than two months to request a stay, but only did so five working days before the date of eviction.
The appeal against the original case, which is seeing the Feldmans evicted, has been set down for Wednesday, January 31, next year.
JOSHUA LEVI
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