Bettervale v Warehouse Solutions International (No 2) [2015] NSWSC 1351

Bettervale v Warehouse Solutions International (No 2) [2015] NSWSC 1351

The stay of the writs of possession should be conditional only on payment into court of all arrears of rent during the holding over period from 18 July 2015, rather than the whole judgment sum, because requiring payment of the whole judgment sum would provide security for an older debt and go beyond the purpose of an interim stay. Costs should not be split because the proceedings against the two defendants were inextricably interlinked.

Jurisdiction
Australia
Judgment Date
10 September 2015
Procedural Posture
Equity Real Property List; Practice and Procedure; Costs / Procedural Ruling on Draft Orders, Stay of Writs of Possession and Costs
Outcome
Orders made in accordance with draft as amended.
Legal Topics
['stay of Execution of Writ of Possession' 'rental Arrears' 'holding Over' 'costs Against Multiple Defendants']
['practice and Procedure' 'real Property' 'costs'] ['stay of Execution of Writ of Possession' 'rental Arrears' 'holding Over' 'costs Against Multiple Defendants']

Case Brief

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Procedural Posture

Equity Real Property List; Practice and Procedure; Costs / Procedural Ruling on Draft Orders, Stay of Writs of Possession and Costs

Legal Issues

  1. 1 ['Whether a stay of execution of writs of possession should be conditional on payment into court of rental arrears during the holding over period only or the whole judgment sum.' "Whether costs should be split so that each defendant pays only the costs of the proceedings as against it, or whether both defendants should pay the plaintiff's costs."]

Ratio Decidendi

The stay of the writs of possession should be conditional only on payment into court of all arrears of rent during the holding over period from 18 July 2015, rather than the whole judgment sum, because requiring payment of the whole judgment sum would provide security for an older debt and go beyond the purpose of an interim stay. Costs should not be split because the proceedings against the two defendants were inextricably interlinked.

Court Disposition

Orders made in accordance with draft as amended.

Orders

  • ['Liberty to apply was extended to encompass the judgment sum so the first defendant could check and, if necessary, seek to correct the amount.' 'The stay was to be granted on condition of payment into court of all arrears of rent during the holding over period from 18 July 2015.' "The defendants were ordered to pay...