HODGEKISS v CHALLENGE BANK LTD [1995] NSWCA 195

There is insufficient evidence before the court to support a stay of execution, as there is no proof that the mortgagors will be able to produce the funds necessary to pay out the mortgage.

Source-derived case information.

Parties: Applicant: Hodgekiss; Respondent: Challenge Bank Ltd
Jurisdiction: Australia
Judgment Date: 06 November 1995
Procedural Posture: Application for Review / Decision on Application for Review of Dismissal of Stay of Execution
Outcome: application for review dismissed
Legal Topics: Stay of Execution, Mortgage, Possession of Property

Civil Procedure Banking Law Stay of Execution Mortgage Possession of Property

Source-derived case record

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 Party arguments 1

Parties

Hodgekiss

Applicant

Challenge Bank Ltd

Respondent

Procedural Posture

Application for Review / Decision on Application for Review of Dismissal of Stay of Execution

Legal Issues

1 Whether there is sufficient evidence to support a stay of execution of the order for possession of mortgaged property

Ratio Decidendi

There is insufficient evidence before the court to support a stay of execution, as there is no proof that the mortgagors will be able to produce the funds necessary to pay out the mortgage.

Court Disposition

application for review dismissed

Orders

application for review dismissed with costs
execution of the order for possession stayed up to and including 13 November 1995

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the case law currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

Source-derived facts are shown separately from AI-generated material. If an AI summary is available, it is explicitly labelled and remains a non-authoritative research aid.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.