Capital Securities XVI Pty Ltd v Tortora (No 2) [2018] NSWSC 148

Capital Securities XVI Pty Ltd v Tortora (No 2) [2018] NSWSC 148

Given multiple prior extensions, lack of certainty as to completion of the alleged sale, and insufficient justification for a further stay, the application to stay the writ of possession was dismissed.

Jurisdiction
Australia
Judgment Date
16 January 2018
Procedural Posture
Possession Proceeding / Interlocutory Application for Stay of Writ of Possession
Outcome
Notice of motion for stay dismissed; costs awarded to plaintiff.
Legal Topics
['writ of Possession' 'stay of Enforcement' 'mortgage Default' 'eviction Proceedings']
['property Law' 'civil Procedure'] ['writ of Possession' 'stay of Enforcement' 'mortgage Default' 'eviction Proceedings']

Case Brief

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Procedural Posture

Possession Proceeding / Interlocutory Application for Stay of Writ of Possession

Legal Issues

  1. 1 ['Whether a further stay of the writ of possession should be granted' 'Whether the application for stay was made with sufficient justification']

Ratio Decidendi

Given multiple prior extensions, lack of certainty as to completion of the alleged sale, and insufficient justification for a further stay, the application to stay the writ of possession was dismissed.

Court Disposition

Notice of motion for stay dismissed; costs awarded to plaintiff.

Orders

  • ['The notice of motion filed on 16 January 2018 is dismissed.' 'The defendants pay the costs of the plaintiff.']