Ginelle Finance Pty Limited v Yousif & Anor [2000] NSWSC 569
The defendants, as the moving parties, placed no evidence before the Court supporting the asserted sale of the property or otherwise justifying a further stay of execution; the letter relied on was not open-ended consent to a stay. The motion therefore could not succeed.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 13 June 2000
- Procedural Posture
- Judgment for Possession of Land / Notice of Motion Seeking Stay of Execution; Earlier Motion Also Sought Setting Aside of Default Judgment and Leave to Defend
- Outcome
- Motion dismissed with costs.
- Legal Topics
- ['stay of Execution' 'default Judgment' 'possession of Land' 'evidence on Interlocutory Motion']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Judgment for Possession of Land / Notice of Motion Seeking Stay of Execution; Earlier Motion Also Sought Setting Aside of Default Judgment and Leave to Defend
Legal Issues
- 1 ['Whether execution of the judgment in favour of the plaintiff should be stayed until 30 June 2000.' 'Whether the defendants had provided evidence sufficient to support the asserted sale of the property and justify a further stay of execution.']
Ratio Decidendi
The defendants, as the moving parties, placed no evidence before the Court supporting the asserted sale of the property or otherwise justifying a further stay of execution; the letter relied on was not open-ended consent to a stay. The motion therefore could not succeed.
Court Disposition
Motion dismissed with costs.
Orders
- ['The motion is dismissed with costs.']
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