Middlemass v Leishman [2021] NSWSC 898

Middlemass v Leishman [2021] NSWSC 898

The Court granted a 14-day stay because the current prevalence and infectious nature of COVID-19, including the Delta variant, together with the presence of three children in the home and one child's imminent trial HSC exams, created real hardship if the family were forced to vacate immediately; however, the stay was kept very short because the defendants had already received multiple chances to organise payment or alternative accommodation.

Jurisdiction
Australia
Judgment Date
22 July 2021
Procedural Posture
Application for Stay of Execution of Writ of Possession of Land / Procedural Ruling
Outcome
Short stay of execution of the writ of possession granted on hardship grounds.
Legal Topics
['stay of Execution' 'writ of Possession' 'possession of Land' 'mortgage Debt' 'hardship' 'covid 19 Pandemic']
['civil Procedure' 'property Law'] ['stay of Execution' 'writ of Possession' 'possession of Land' 'mortgage Debt' 'hardship' 'covid 19 Pandemic']

Case Brief

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Procedural Posture

Application for Stay of Execution of Writ of Possession of Land / Procedural Ruling

Legal Issues

  1. 1 ['Whether execution of the writ of possession for 24 Memorial Drive, The Hill, New South Wales should be stayed.' "Whether hardship arising from the defendants' family circumstances and the COVID-19 pandemic justified a short stay despite previous opportunities to arrange payment or alternative accommodation."]

Ratio Decidendi

The Court granted a 14-day stay because the current prevalence and infectious nature of COVID-19, including the Delta variant, together with the presence of three children in the home and one child's imminent trial HSC exams, created real hardship if the family were forced to vacate immediately; however, the stay was kept very short because the defendants had already received multiple chances to organise payment or alternative accommodation.

Court Disposition

Short stay of execution of the writ of possession granted on hardship grounds.

Orders

  • ['The writ of possession of property at 24 Memorial Drive, The Hill, New South Wales, 2300, is stayed until 5pm on Thursday 5 August 2021.' 'The matter is listed for directions before the Registrar at 9am on Friday, 29 October 2021.']