HACIDE PTY LTD v COMMONWEALTH BANK [1991] NSWCA 135

HACIDE PTY LTD v COMMONWEALTH BANK [1991] NSWCA 135

There were no grounds to grant a stay of execution. Access to the premises was granted only for the specific date and hours where prior arrangements had been made. No further access was ordered at this stage; the matter was stood over for further consideration.

Parties
Applicant: Hacide Pty Ltd; Respondent: Commonwealth Bank; Applicant: Mrs Poulos
Jurisdiction
Australia
Judgment Date
02 August 1991
Procedural Posture
Motion / Interlocutory
Outcome
Application for stay of execution refused; limited order for access granted; proceedings adjourned.

Case Brief

Summary, issues, holding and outcome

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Parties

Hacide Pty Ltd

Applicant

Commonwealth Bank

Respondent

Mrs Poulos

Applicant

Procedural Posture

Motion / Interlocutory

Legal Issues

  1. 1 Whether a stay of execution should be granted
  2. 2 Whether access to premises for removal of personal belongings should be ordered

Ratio Decidendi

There were no grounds to grant a stay of execution. Access to the premises was granted only for the specific date and hours where prior arrangements had been made. No further access was ordered at this stage; the matter was stood over for further consideration.

Court Disposition

Application for stay of execution refused; limited order for access granted; proceedings adjourned.

Orders

  • Respondent to provide access between 9am and 5pm on Saturday 3 August 1991.
  • Proceedings adjourned to 10.15am Monday 5 August 1991.