Rickard v Rickard [2009] NSWSC 93

Rickard v Rickard [2009] NSWSC 93

The application for a stay was dismissed because it was in clear breach of an undertaking not to make any further applications for a stay of execution after 7 February 2009, which had been entered into for valuable consideration and had to be observed.

Parties
Plaintiff: Keith Murray Rickard; Defendant/applicant: Cheryl Kay Rickard
Jurisdiction
Australia
Judgment Date
19 February 2009
Procedural Posture
Notice of Motion / Application for Stay of Execution at Enforcement Stage
Outcome
Motion dismissed
Legal Topics
Possession of Land, Stay of Execution, Undertaking, Ex Parte Application
Property Law Civil Procedure Possession of Land Stay of Execution Undertaking Ex Parte Application

Case Brief

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Parties

Keith Murray Rickard

Plaintiff

Cheryl Kay Rickard

Defendant/applicant

Procedural Posture

Notice of Motion / Application for Stay of Execution at Enforcement Stage

Legal Issues

  1. 1 Whether a stay of execution of a writ of possession should be granted in breach of a prior undertaking

Ratio Decidendi

The application for a stay was dismissed because it was in clear breach of an undertaking not to make any further applications for a stay of execution after 7 February 2009, which had been entered into for valuable consideration and had to be observed.

Court Disposition

Motion dismissed

Orders

  • The motion for a stay of execution is dismissed.