Jae Sung Ko v KEB Australia Bank Limited [2011] NSWSC 1341
On the material before the Court, no persuasive reason or good reason was presented to restrain the auction or warrant wasting the expenses incurred in advertising and arranging it; the applicant did not satisfy the test for injuncting the auction or staying the sale.
- Jurisdiction
- Australia
- Judgment Date
- 28 October 2011
- Procedural Posture
- Civil Procedure Motion to Stay And/or Set Aside Default Judgment and Execution of a Writ of Possession / Ex Tempore Judgment on Notice of Motion
- Outcome
- The motion was dismissed with no order as to costs.
- Legal Topics
- ['stay of Execution' 'setting Aside Default Judgment' 'writ of Possession' 'injunction to Restrain Auction Sale']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil Procedure Motion to Stay And/or Set Aside Default Judgment and Execution of a Writ of Possession / Ex Tempore Judgment on Notice of Motion
Legal Issues
- 1 ['Whether there was good reason to stay and/or set aside default judgment and execution of a writ of possession in relation to commercial property.' 'Whether the Court should injunct the holding of the auction for sale of the property.']
Ratio Decidendi
On the material before the Court, no persuasive reason or good reason was presented to restrain the auction or warrant wasting the expenses incurred in advertising and arranging it; the applicant did not satisfy the test for injuncting the auction or staying the sale.
Court Disposition
The motion was dismissed with no order as to costs.
Orders
- ['The motion is dismissed' 'No order as to costs.']
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