STONE v FARROW MORTGAGE SERVICES (IN LIQUIDATION) [1998] NSWCA 217

STONE v FARROW MORTGAGE SERVICES (IN LIQUIDATION) [1998] NSWCA 217

The appeal has little prospect of success and there is nothing in the material to demonstrate the trial judge misused his advantage in preferring Farrow's witnesses; as such, a stay ought not be granted.

Parties
Appellant/claimant: Mr Stone; Respondent/opponent: Farrow Mortgage Services Pty Ltd (in liquidation)
Jurisdiction
Australia
Judgment Date
23 February 1998
Procedural Posture
Application for Stay Pending Appeal / Application for Stay of Judgment and Orders
Outcome
Application refused with costs
Legal Topics
Stay of Orders, Mortgagee's Duties, Valuation Evidence, Bankruptcy Proceedings
Bankruptcy Property Law Stay of Orders Mortgagee's Duties Valuation Evidence Bankruptcy Proceedings

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Parties

Mr Stone

Appellant/claimant

Farrow Mortgage Services Pty Ltd (in liquidation)

Respondent/opponent

Procedural Posture

Application for Stay Pending Appeal / Application for Stay of Judgment and Orders

Legal Issues

  1. 1 Whether a stay should be granted pending appeal
  2. 2 Whether the property securing the mortgage was sold at undervalue
  3. 3 Whether the mortgagee breached its duty in the sale

Ratio Decidendi

The appeal has little prospect of success and there is nothing in the material to demonstrate the trial judge misused his advantage in preferring Farrow's witnesses; as such, a stay ought not be granted.

Court Disposition

Application refused with costs

Orders

  • The application for a stay is refused
  • Costs awarded against applicant