Capital Securities XVI Pty Ltd v Tortora [2017] NSWSC 1621

Capital Securities XVI Pty Ltd v Tortora [2017] NSWSC 1621

Given the potential for the mutually beneficial sale to be completed within a week, the execution of the writ of possession should be stayed until 5pm on 30 November 2017. No further extensions should be expected without compelling circumstances.

Parties
Plaintiff: Capital Securities XVI Pty Ltd; First Defendant: Enzo Tortora; Second Defendant: Teresa Tortora
Jurisdiction
Australia
Judgment Date
23 November 2017
Procedural Posture
Notice of Motion / Application for Stay of Writ of Possession
Outcome
Stay granted on execution of writ of possession
Legal Topics
Stay of Writ of Possession, Notice of Motion
Procedure Stay of Writ of Possession Notice of Motion

Case Brief

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Parties

Capital Securities XVI Pty Ltd

Plaintiff

Enzo Tortora

First Defendant

Teresa Tortora

Second Defendant

Procedural Posture

Notice of Motion / Application for Stay of Writ of Possession

Legal Issues

  1. 1 Whether to grant an extension of the stay of the writ of possession

Ratio Decidendi

Given the potential for the mutually beneficial sale to be completed within a week, the execution of the writ of possession should be stayed until 5pm on 30 November 2017. No further extensions should be expected without compelling circumstances.

Court Disposition

Stay granted on execution of writ of possession

Orders

  • Execution of the writ of possession is stayed until 5pm on 30 November 2017.
  • Costs are reserved.