National Australia Bank Limited v Sayed [2019] NSWSC 1187
The stay was refused because the earlier delay in execution was granted to allow the applicant to file an appeal and seek leave to appeal, but he had not filed an appeal against McCallum J's judgment and had provided only undeveloped proposed grounds concerning Harrison AsJ's judgment without supporting material. The writ could therefore be executed after 26 August 2019.
- Jurisdiction
- Australia
- Judgment Date
- 22 August 2019
- Procedural Posture
- Civil Procedure Application for Stay of Execution of Writ of Possession / Notice of Motion Heard and Determined by Duty Judge
- Outcome
- Notice of motion dismissed.
- Legal Topics
- ['stay of Writ of Possession' 'mortgage Default Proceedings' 'appeal and Leave to Appeal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil Procedure Application for Stay of Execution of Writ of Possession / Notice of Motion Heard and Determined by Duty Judge
Legal Issues
- 1 ['Whether execution of the writ of possession should be stayed beyond 26 August 2019.' "Whether the applicant had taken sufficient steps to pursue an appeal against McCallum J's judgment or seek leave to appeal the orders of Harrison AsJ."]
Ratio Decidendi
The stay was refused because the earlier delay in execution was granted to allow the applicant to file an appeal and seek leave to appeal, but he had not filed an appeal against McCallum J's judgment and had provided only undeveloped proposed grounds concerning Harrison AsJ's judgment without supporting material. The writ could therefore be executed after 26 August 2019.
Court Disposition
Notice of motion dismissed.
Orders
- ['Notice of motion dismissed.']
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