Bellwether Capital Pty Ltd v Holmes [2019] NSWSC 1526

Bellwether Capital Pty Ltd v Holmes [2019] NSWSC 1526

There was no evidence or material before the court to justify granting a stay of execution of the writ of possession, nor any proposal for remedying the default. The court cannot compel settlement or investigation, and the defendant's application lacks merit.

Jurisdiction
Australia
Judgment Date
04 November 2019
Procedural Posture
Civil / Ex Parte Application for Stay of Execution of Writ of Possession
Outcome
Defendant's notice of motion dismissed
Legal Topics
['possession of Land' 'stay of Execution' 'mortgage Default']
['land Law'] ['possession of Land' 'stay of Execution' 'mortgage Default']

Case Brief

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Procedural Posture

Civil / Ex Parte Application for Stay of Execution of Writ of Possession

Legal Issues

  1. 1 ['Whether there is a basis for grant of stay of execution of writ of possession' 'Whether the court can order the parties to settle proceedings or conduct an investigation']

Ratio Decidendi

There was no evidence or material before the court to justify granting a stay of execution of the writ of possession, nor any proposal for remedying the default. The court cannot compel settlement or investigation, and the defendant's application lacks merit.

Court Disposition

Defendant's notice of motion dismissed

Orders

  • ["Defendant's notice of motion is dismissed"]