Commonwealth Bank of Australia v Sowter [2015] NSWSC 999

Commonwealth Bank of Australia v Sowter [2015] NSWSC 999

A lengthy stay of the execution of the writ of possession is justified due to the considerable hardship the applicants would face and their compliance with the agreement for purchase under the misapprehension induced by the trustee's representation.

Jurisdiction
Australia
Judgment Date
21 July 2015
Procedural Posture
Possession Proceedings / Application for Stay of Execution of Writ of Possession
Outcome
Application for stay of execution of the writ of possession granted.
Legal Topics
['possession Proceedings' 'stay of Execution' 'notice to Occupier' 'hardship']
['civil Procedure'] ['possession Proceedings' 'stay of Execution' 'notice to Occupier' 'hardship']

Case Brief

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Procedural Posture

Possession Proceedings / Application for Stay of Execution of Writ of Possession

Legal Issues

  1. 1 ['whether execution of the writ of possession should be stayed' 'requirement for notice to occupier before default judgment' 'hardship grounds for stay']

Ratio Decidendi

A lengthy stay of the execution of the writ of possession is justified due to the considerable hardship the applicants would face and their compliance with the agreement for purchase under the misapprehension induced by the trustee's representation.

Court Disposition

Application for stay of execution of the writ of possession granted.

Orders

  • ['Execution of the writ of possession served on 18 June 2015 and scheduled for execution on 24 July 2015 is stayed up to and including 30 September 2015.' 'Leave granted to the plaintiff to reschedule execution of the writ of possession after 30 September 2015.' "Leave granted to the plaintiff and applicants to...