Serobian v Commonwealth Bank of Australia [2009] NSWCA 350

Serobian v Commonwealth Bank of Australia [2009] NSWCA 350

The applicants failed to demonstrate any error of principle or that the decisions of the single Judges of Appeal refusing a stay of the writ of possession were plainly wrong. No material change of circumstance or new evidence was shown. There was no proper basis to discharge or vary the prior orders. The application was accordingly dismissed with costs.

Jurisdiction
Australia
Judgment Date
19 October 2009
Procedural Posture
Application (motion) / Application to Discharge or Vary Orders of Single Judges of Appeal Refusing Stay of Writ of Possession Pending Appeal
Outcome
Motion dismissed with costs
Legal Topics
['stay of Execution' 'mortgage Enforcement' 'appeal Procedure' 'contracts Review' 'guarantor Liability']
['civil Procedure' 'banking and Finance' 'equity'] ['stay of Execution' 'mortgage Enforcement' 'appeal Procedure' 'contracts Review' 'guarantor Liability']

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Procedural Posture

Application (motion) / Application to Discharge or Vary Orders of Single Judges of Appeal Refusing Stay of Writ of Possession Pending Appeal

Legal Issues

  1. 1 ["Whether error was shown in the refusal by single Judges of Appeal to grant a stay of the writ of possession of applicants' home" 'Whether there was a material change in circumstances or new evidence warranting discharge or variation of prior orders' 'Whether orders should be varied or discharged in the interests of justice']

Ratio Decidendi

The applicants failed to demonstrate any error of principle or that the decisions of the single Judges of Appeal refusing a stay of the writ of possession were plainly wrong. No material change of circumstance or new evidence was shown. There was no proper basis to discharge or vary the prior orders. The application was accordingly dismissed with costs.

Court Disposition

Motion dismissed with costs

Orders

  • ['The notice of motion is dismissed with costs.']