Bankwest v NSW Trustee and Guardian [2016] NSWSC 43

Bankwest v NSW Trustee and Guardian [2016] NSWSC 43

It was in the interests of justice to grant the applicant one last short stay to complete apparently firm refinancing and settlement arrangements, while protecting Bankwest by ordering that vacant possession be delivered if the applicant did not comply.

Jurisdiction
Australia
Judgment Date
02 February 2016
Procedural Posture
Application for Stay of Execution of Writ of Possession / Urgent Oral Application; Ex Tempore Judgment
Outcome
Stay granted for a short period; applicant ordered to deliver vacant possession if obligations were not met; applicant to pay respondent's costs.
Legal Topics
['stay of Execution' 'writ of Possession' 'mortgage Default' 'vacant Possession' 'interests of Justice']
['civil Procedure' 'property Law' 'mortgage Law'] ['stay of Execution' 'writ of Possession' 'mortgage Default' 'vacant Possession' 'interests of Justice']

Case Brief

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Procedural Posture

Application for Stay of Execution of Writ of Possession / Urgent Oral Application; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether execution of the writ of possession should be stayed for a further short period.' 'Whether it was in the interests of justice to defer execution to allow settlement of refinancing arrangements.']

Ratio Decidendi

It was in the interests of justice to grant the applicant one last short stay to complete apparently firm refinancing and settlement arrangements, while protecting Bankwest by ordering that vacant possession be delivered if the applicant did not comply.

Court Disposition

Stay granted for a short period; applicant ordered to deliver vacant possession if obligations were not met; applicant to pay respondent's costs.

Orders

  • ['Order that the Writ of Possession issued on 14 July 2015 be stayed up to and including 12 noon on Friday 5 February 2016.' 'Order Mr Iran Bajrami to deliver up vacant possession of the property at 3 Minnegang Street, Warrawong, New South Wales 2502 to the Bank of Western Australia Limited (known as Bankwest) or...