Radin, Judith Anne v Commonwealth Bank of Australia [1997] FCA 783

Radin, Judith Anne v Commonwealth Bank of Australia [1997] FCA 783

The Court ordered a discretionary extension of the stay of execution of the writ of possession until 31 October 1997, primarily on the basis that Mrs Radin had made substantial, yet unsuccessful, efforts to secure alternative accommodation and that the ongoing litigation required her presence in Sydney; taking into account her personal circumstances and the welfare of her children.

Parties
Applicant/cross Respondent: Judith Anne Radin; Respondent/cross Claimant: Commonwealth Bank of Australia (ACN 123 123 124)
Jurisdiction
Australia
Judgment Date
01 August 1997
Procedural Posture
Application for Extension of Stay of Execution / Interlocutory (motion to Extend Stay Pending Execution of Writ of Possession)
Outcome
Extension of stay granted
Legal Topics
Stay of Execution, Writ of Possession, Mortgages, Possession Proceedings, Discretionary Relief
Civil Procedure Banking Law Property Law Stay of Execution Writ of Possession Mortgages Possession Proceedings Discretionary Relief

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Parties

Judith Anne Radin

Applicant/cross Respondent

Commonwealth Bank of Australia (ACN 123 123 124)

Respondent/cross Claimant

Procedural Posture

Application for Extension of Stay of Execution / Interlocutory (motion to Extend Stay Pending Execution of Writ of Possession)

Legal Issues

  1. 1 Whether to grant an extension of the stay of execution of a writ of possession over residential property

Ratio Decidendi

The Court ordered a discretionary extension of the stay of execution of the writ of possession until 31 October 1997, primarily on the basis that Mrs Radin had made substantial, yet unsuccessful, efforts to secure alternative accommodation and that the ongoing litigation required her presence in Sydney; taking into account her personal circumstances and the welfare of her children.

Court Disposition

Extension of stay granted

Orders

  • The writ of possession is not to be executed before 31 October 1997.
  • Liberty to either party to apply on notice to vary the order.