Catalyst Provisional Lending Pty Ltd v Dick-Telfar [2020] NSWSC 324

Catalyst Provisional Lending Pty Ltd v Dick-Telfar [2020] NSWSC 324

There is no proper basis at law to restrain the plaintiffs from enforcing their legal rights to recover possession as mortgagees since no present legislation or regulation provides such relief to the defendants, and discretionary relief cannot be granted on the basis of speculation about possible future changes in the law.

Parties
First Plaintiff: Oxygen Funding Solutions Pty Ltd; Second Plaintiff: Catalyst Provisional Lending Pty Ltd; Third Plaintiff: John Ramsay; First Defendant: Robert William James Dick-Telfar; Second Defendant: Kristin Lorna Cashman Venae-Telfar
Jurisdiction
Australia
Judgment Date
31 March 2020
Procedural Posture
Notice of Motion / Interlocutory Application – Application for Stay of Writ of Possession
Outcome
Application for a stay of the writ of possession refused.
Legal Topics
Stay of Writ of Possession, COVID 19 Emergency Measures, Residential Tenancies, Relief Pending Anticipated Legislation
Real Property Civil Procedure Stay of Writ of Possession COVID 19 Emergency Measures Residential Tenancies Relief Pending Anticipated Legislation

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Parties

Oxygen Funding Solutions Pty Ltd

First Plaintiff

Catalyst Provisional Lending Pty Ltd

Second Plaintiff

John Ramsay

Third Plaintiff

Robert William James Dick-Telfar

First Defendant

Kristin Lorna Cashman Venae-Telfar

Second Defendant

Procedural Posture

Notice of Motion / Interlocutory Application – Application for Stay of Writ of Possession

Legal Issues

  1. 1 Whether defendants are entitled to relief in the form of a stay of execution of a writ of possession in anticipation of regulations pursuant to the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 or s 229 of the Residential Tenancies Act 2010

Ratio Decidendi

There is no proper basis at law to restrain the plaintiffs from enforcing their legal rights to recover possession as mortgagees since no present legislation or regulation provides such relief to the defendants, and discretionary relief cannot be granted on the basis of speculation about possible future changes in the law.

Court Disposition

Application for a stay of the writ of possession refused.

Orders

  • Defendants' application for a stay is refused.