In the matter of Webuildem Pty Ltd (Receivers & Managers Appointed) & In the matter of Maroun Investments Pty Ltd (Receivers & Managers Appointed) [2012] NSWSC 1619

In the matter of Webuildem Pty Ltd (Receivers & Managers Appointed) & In the matter of Maroun Investments Pty Ltd (Receivers & Managers Appointed) [2012] NSWSC 1619

No sufficient basis for a stay of the writ of possession is established on the material before the Court; the motion is dismissed with costs.

Jurisdiction
Australia
Judgment Date
31 October 2012
Procedural Posture
Application for Stay of Writ of Possession / Motion Hearing
Outcome
Motion dismissed with costs
Legal Topics
['stay of Ejectment' 'refinancing Proposals' 'pending Federal Court Proceedings' 'misrepresentations' 'duress' 'escrow Orders']
['practice & Procedure' 'corporations'] ['stay of Ejectment' 'refinancing Proposals' 'pending Federal Court Proceedings' 'misrepresentations' 'duress' 'escrow Orders']

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Procedural Posture

Application for Stay of Writ of Possession / Motion Hearing

Legal Issues

  1. 1 ['Whether the execution of a writ of possession should be stayed due to pending proceedings in the Federal Court' 'Whether a realistic prospect of timely refinancing has been established']

Ratio Decidendi

No sufficient basis for a stay of the writ of possession is established on the material before the Court; the motion is dismissed with costs.

Court Disposition

Motion dismissed with costs

Orders

  • ['The motion is dismissed with costs']