First Mortgage Capital Pty Ltd v Jeram [2019] NSWSC 563

First Mortgage Capital Pty Ltd v Jeram [2019] NSWSC 563

The evidence provided by the defendant regarding the anticipated loan was conditional and did not sufficiently demonstrate that the loan would proceed or the debt be discharged within the sought timeframe; therefore, it was inappropriate to stay execution of the writ.

Jurisdiction
Australia
Judgment Date
01 May 2019
Procedural Posture
Notice of Motion / Application to Stay Writ of Possession
Outcome
Notice of motion dismissed.
Legal Topics
['stay of Writ of Possession' 'mortgage Enforcement' 'loan Agreement Evidence']
['civil Procedure'] ['stay of Writ of Possession' 'mortgage Enforcement' 'loan Agreement Evidence']

Case Brief

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Procedural Posture

Notice of Motion / Application to Stay Writ of Possession

Legal Issues

  1. 1 ['Whether a stay of the writ of possession should be granted pending potential discharge of the debt' 'Whether there is sufficient evidence that funds will be available to pay out the loan']

Ratio Decidendi

The evidence provided by the defendant regarding the anticipated loan was conditional and did not sufficiently demonstrate that the loan would proceed or the debt be discharged within the sought timeframe; therefore, it was inappropriate to stay execution of the writ.

Court Disposition

Notice of motion dismissed.

Orders

  • ['Notice of motion seeking stay of writ of possession dismissed.']