Barclay Finance Pty Ltd v Manning (No 2) [2017] NSWSC 1128

Barclay Finance Pty Ltd v Manning (No 2) [2017] NSWSC 1128

Because the parties had made substantial progress towards a consent position but the second defendant needed to be consulted about changed wording, and with the agreement of counsel, the matter was stood over and the writ of possession was stayed up to and including 5:00 pm on 21 August 2017, with the sheriff directed to take no further enforcement action during that period.

Jurisdiction
Australia
Judgment Date
16 August 2017
Procedural Posture
Civil Procedure Mortgages and Securities Possession Application for Stay of Writ of Possession / Directions and Further Orders Extending Stay of Writ of Possession
Outcome
The writ of possession of the subject land was stayed up to and including 5:00 pm on 21 August 2017.
Legal Topics
['possession' 'stay of Writ of Possession' 'hardship']
['civil Procedure' 'mortgages and Securities'] ['possession' 'stay of Writ of Possession' 'hardship']

Case Brief

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Procedural Posture

Civil Procedure Mortgages and Securities Possession Application for Stay of Writ of Possession / Directions and Further Orders Extending Stay of Writ of Possession

Legal Issues

  1. 1 ['Whether the writ of possession of the subject land should be stayed for a further period.' 'Whether the sheriff should be directed to take no further action to enforce the writ during the stay period.']

Ratio Decidendi

Because the parties had made substantial progress towards a consent position but the second defendant needed to be consulted about changed wording, and with the agreement of counsel, the matter was stood over and the writ of possession was stayed up to and including 5:00 pm on 21 August 2017, with the sheriff directed to take no further enforcement action during that period.

Court Disposition

The writ of possession of the subject land was stayed up to and including 5:00 pm on 21 August 2017.

Orders

  • ['The writ of possession of the subject land be stayed up to and including 5:00 pm on 21 August 2017.' 'Under s 135(2)(b) of the Civil Procedure Act 2005 that the sheriff take no further action to enforce the writ up to and including 5:00 pm on 21 August 2017.' 'The defendants are to serve upon the plaintiff any...