Collis Finance Pty Ltd v Hertford (No. 3) [2016] NSWSC 618

Collis Finance Pty Ltd v Hertford (No. 3) [2016] NSWSC 618

There was no proper basis to grant a stay of execution of the writ of possession, as the defendants had not shown an ability to refinance, resolve the issues complained of, or otherwise justify a deferral. The plaintiff's right to possession was not impugned.

Parties
Plaintiff: Collis Finance Pty Ltd; First Defendant: Terrence Patrick Hertford; Second Defendant: Elizabeth Smith Hertford
Jurisdiction
Australia
Judgment Date
10 May 2016
Procedural Posture
Civil / Application for Stay of Writ of Possession
Outcome
Defendants' application for a stay of the writ of possession dismissed.
Legal Topics
Stay of Execution, Writ of Possession
Practice and Procedure Stay of Execution Writ of Possession

Case Brief

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Parties

Collis Finance Pty Ltd

Plaintiff

Terrence Patrick Hertford

First Defendant

Elizabeth Smith Hertford

Second Defendant

Procedural Posture

Civil / Application for Stay of Writ of Possession

Legal Issues

  1. 1 Whether there is a proper basis to grant a stay of execution of a writ of possession.

Ratio Decidendi

There was no proper basis to grant a stay of execution of the writ of possession, as the defendants had not shown an ability to refinance, resolve the issues complained of, or otherwise justify a deferral. The plaintiff's right to possession was not impugned.

Court Disposition

Defendants' application for a stay of the writ of possession dismissed.

Orders

  • Dismiss the defendants' Notice of Motion filed on 9 May 2016 for a stay of the writ of possession.