Aquamore Finance Pty Ltd v Blank Canvas Communications Pty Ltd [2024] NSWSC 1194

Aquamore Finance Pty Ltd v Blank Canvas Communications Pty Ltd [2024] NSWSC 1194

The court found that, despite the plaintiff's concerns, there was no evidence to suggest the sale would not proceed or that the second defendant would resist vacating. Both parties agreed to a compromise allowing possession after completion of the sale. Accordingly, the stay was granted until 26 September 2024, with orders facilitating completion.

Parties
Plaintiff: Aquamore Finance Pty Ltd; First Defendant: Blank Canvas Communications Pty Ltd; Second Defendant: Brett William Galloway
Jurisdiction
Australia
Judgment Date
27 August 2024
Procedural Posture
Possession of Land / Motion for Stay of Execution
Outcome
Motion granted; stay of execution of writ of possession ordered until 26 September 2024; directions given to facilitate settlement; no order as to costs.
Legal Topics
Possession of Land, Stay of Execution, Impending Sale of Property
Real Property Possession of Land Stay of Execution Impending Sale of Property

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Parties

Aquamore Finance Pty Ltd

Plaintiff

Blank Canvas Communications Pty Ltd

First Defendant

Brett William Galloway

Second Defendant

Procedural Posture

Possession of Land / Motion for Stay of Execution

Legal Issues

  1. 1 Should execution of the writ of possession be stayed to allow completion of the impending sale of the mortgaged property?

Ratio Decidendi

The court found that, despite the plaintiff's concerns, there was no evidence to suggest the sale would not proceed or that the second defendant would resist vacating. Both parties agreed to a compromise allowing possession after completion of the sale. Accordingly, the stay was granted until 26 September 2024, with orders facilitating completion.

Court Disposition

Motion granted; stay of execution of writ of possession ordered until 26 September 2024; directions given to facilitate settlement; no order as to costs.

Orders

  • This motion be returnable instanter.
  • Leave granted to the second defendant to file in Court the notice of motion and the affidavit of Brett William Galloway sworn 4 July 2024.