LTDC Pty Limited v Ridbrook Pty Ltd [2020] NSWSC 132

LTDC Pty Limited v Ridbrook Pty Ltd [2020] NSWSC 132

No arguable basis shown to attack plaintiff’s right to possession; Mr Young did not dispute default, only quantification; possession rightly obtained by secured creditor after default; circumstances did not warrant stay of writ after execution.

Jurisdiction
Australia
Judgment Date
20 February 2020
Procedural Posture
Principal Judgment / Notice of Motion Seeking Stay of Writ of Possession; Post Judgment, Post Execution of Writ
Outcome
Notice of motion seeking stay dismissed; balance of motion dismissed; costs awarded; access to court file granted.
Legal Topics
['stay of Writ of Possession' "enforcement of Secured Creditors' Rights" 'corporate Insolvency' 'possession Proceedings']
['property Law' 'corporations Law'] ['stay of Writ of Possession' "enforcement of Secured Creditors' Rights" 'corporate Insolvency' 'possession Proceedings']

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Procedural Posture

Principal Judgment / Notice of Motion Seeking Stay of Writ of Possession; Post Judgment, Post Execution of Writ

Legal Issues

  1. 1 ['Whether a stay of writ of possession should be granted over property after execution' 'Whether Mr Young may exercise functions as director to challenge possession and file defence' 'Whether quantification of debt affects right to possession']

Ratio Decidendi

No arguable basis shown to attack plaintiff’s right to possession; Mr Young did not dispute default, only quantification; possession rightly obtained by secured creditor after default; circumstances did not warrant stay of writ after execution.

Court Disposition

Notice of motion seeking stay dismissed; balance of motion dismissed; costs awarded; access to court file granted.

Orders

  • ['Order 2 of the notice of motion seeking the stay is dismissed.' 'Balance of the notice of motion is dismissed.' 'Mr Young to pay the costs of the plaintiff.' 'Solicitors for Mr Young granted access to Court file in accordance with usual conditions.']