Perpetual Corporate Trust Limited v Raheb [2024] NSWSC 1326

Perpetual Corporate Trust Limited v Raheb [2024] NSWSC 1326

A short stay of the writ of possession is justified due to a combination of significant impending hardship to the occupant of the property, the applicant's mother, and a good, though not decisive, chance for refinance to be put in place; the balance of convenience favours granting a brief stay, on strict conditions, notwithstanding the debt is long outstanding and previous stays have been granted.

Parties
Plaintiff / Judgment Creditor / Respondent: Perpetual Corporate Trust Limited; First Defendant: Robin Raheb; Second Defendant / Applicant / Judgment Debtor: Christopher Sarkis Raheb
Jurisdiction
Australia
Judgment Date
17 October 2024
Procedural Posture
Application for Stay of Writ of Possession / Ex Tempore Ruling on Urgent Stay Application
Outcome
Application for short stay of writ of possession granted with conditions; costs ordered against the applicant.
Legal Topics
Stay of Execution, Writ of Possession, Refinance, Hardship, Mortgage Enforcement
Civil Procedure Enforcement of Judgments Stay of Execution Writ of Possession Refinance Hardship Mortgage Enforcement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Perpetual Corporate Trust Limited

Plaintiff / Judgment Creditor / Respondent

Robin Raheb

First Defendant

Christopher Sarkis Raheb

Second Defendant / Applicant / Judgment Debtor

Procedural Posture

Application for Stay of Writ of Possession / Ex Tempore Ruling on Urgent Stay Application

Legal Issues

  1. 1 Whether a stay of the writ of possession should be granted in respect of the Chalmers Road property
  2. 2 Whether the applicant has provided credible evidence of a realistic prospect of refinancing sufficient to discharge the judgment debt
  3. 3 Whether considerations of hardship warrant a stay

Ratio Decidendi

A short stay of the writ of possession is justified due to a combination of significant impending hardship to the occupant of the property, the applicant's mother, and a good, though not decisive, chance for refinance to be put in place; the balance of convenience favours granting a brief stay, on strict conditions, notwithstanding the debt is long outstanding and previous stays have been granted.

Court Disposition

Application for short stay of writ of possession granted with conditions; costs ordered against the applicant.

Orders

  • Under ss 67 and 135 Civil Procedure Act 2005 (NSW), the writ of possession in respect of the property at XX XXXXXXX XXXX, XXXXXXXXXX, New South Wales, XXXX, comprised in certificate of title folio identifier X/XXXX, is stayed until 5pm on 1 November 2024.
  • It is a condition of the stay that the judgment creditor may forthwith arrange with the Sheriff of New South Wales a further appointment for execution of the writ of possession in respect of the property on the first available date after 1 November 2024.