ALS 131 Pty Ltd v Rahme [2020] NSWSC 161

ALS 131 Pty Ltd v Rahme [2020] NSWSC 161

There is no sufficient ground to grant a further stay, as the defendant has not established an arguable defence to the possession order, and hardship and sales efforts do not outweigh the plaintiff's entitlement to possession under the circumstances.

Jurisdiction
Australia
Judgment Date
26 February 2020
Procedural Posture
Application / Interlocutory: Application for Stay Pending Execution of Writ of Possession
Outcome
Stay application refused; defendant to pay plaintiff's costs; balance of notice of motion stood over.
Legal Topics
['writ of Possession' 'interim Stay' 'default Judgment' 'mortgage Enforcement']
['civil Procedure'] ['writ of Possession' 'interim Stay' 'default Judgment' 'mortgage Enforcement']

Case Brief

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Procedural Posture

Application / Interlocutory: Application for Stay Pending Execution of Writ of Possession

Legal Issues

  1. 1 ['Whether the defendant should be granted a stay of the writ of possession' 'Whether the defendant has an arguable defence to the judgment for possession' 'Whether hardship or pending sale justifies a further stay']

Ratio Decidendi

There is no sufficient ground to grant a further stay, as the defendant has not established an arguable defence to the possession order, and hardship and sales efforts do not outweigh the plaintiff's entitlement to possession under the circumstances.

Court Disposition

Stay application refused; defendant to pay plaintiff's costs; balance of notice of motion stood over.

Orders

  • ['The defendant be granted leave to file in court a notice of motion dated 25 February 2020 and the notice of motion be heard instanter.' 'Prayer 2 of the notice of motion be dismissed.' 'The balance of the notice of motion stand over before a registrar of this court at 9 am on 19 March 2020.' 'Any further...