Golden J Wealth Pty Limited v AC Holdings Co Pty Ltd [2019] NSWSC 1361

No admissible evidence of hardship or relevant grounds for stay was established; the orders for possession resulted from a consensual position and it is not appropriate for the Court to interfere.

Jurisdiction: Australia
Judgment Date: 04 October 2019
Procedural Posture: Notice of Motion / Motion for Stay of Execution
Outcome: Motion dismissed
Legal Topics: ['stay of Writs of Execution' 'hardship Grounds']

['practice and Procedure'] ['stay of Writs of Execution' 'hardship Grounds']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Notice of Motion / Motion for Stay of Execution

Legal Issues

1 ['Whether a stay of writs of possession should be granted on hardship grounds']

Ratio Decidendi

No admissible evidence of hardship or relevant grounds for stay was established; the orders for possession resulted from a consensual position and it is not appropriate for the Court to interfere.

Court Disposition

Motion dismissed

Orders

["AC Holdings is to pay Golden Wealth's costs of the motion"]