Priority Lending Australia Pty Ltd v Martinsville Pty Ltd [2020] NSWSC 1889

Priority Lending Australia Pty Ltd v Martinsville Pty Ltd [2020] NSWSC 1889

Stay granted as evidence establishes bona fide refinancing attempt is ongoing and defendants are on cusp of refinancing; health hardship to occupants considered but not determinative.

Parties
First Plaintiff: Priority Lending Australia Pty Ltd; Second Plaintiff: Alan Lee Walker and Andre Leon Lakomy (as Receivers of Martinsville Pty Ltd); First Defendant: Martinsville Pty Ltd; Second Defendant: Anthony James Murray; Third Defendant: James Melissa Murray; Fourth Defendant: National Australia Bank Limited
Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Order for Possession of Land / Application for Stay of Writ of Possession
Outcome
Execution of writ of possession stayed until 1 February 2021; ancillary orders made.
Legal Topics
Order for Possession, Stay of Writ, Refinancing, Hardship, Receivership
Civil Law Order for Possession Stay of Writ Refinancing Hardship Receivership

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Parties

Priority Lending Australia Pty Ltd

First Plaintiff

Alan Lee Walker and Andre Leon Lakomy (as Receivers of Martinsville Pty Ltd)

Second Plaintiff

Martinsville Pty Ltd

First Defendant

Anthony James Murray

Second Defendant

James Melissa Murray

Third Defendant

National Australia Bank Limited

Fourth Defendant

Procedural Posture

Order for Possession of Land / Application for Stay of Writ of Possession

Legal Issues

  1. 1 Whether stay of execution of writ of possession should be granted
  2. 2 Relevance of attempted refinancing to stay
  3. 3 Consideration of hardship and health emergency

Ratio Decidendi

Stay granted as evidence establishes bona fide refinancing attempt is ongoing and defendants are on cusp of refinancing; health hardship to occupants considered but not determinative.

Court Disposition

Execution of writ of possession stayed until 1 February 2021; ancillary orders made.

Orders

  • Execution of writ of possession dated 8 October 2020 in relation to property at Martinsville NSW stayed until midnight on 1 February 2021.
  • Amended notice of motion returnable before Common Law Registrar on 1 February 2021 for directions.