Samuel M Holdings Pty Ltd v The Trust Company (PTAL) Ltd [2020] NSWSC 248

Samuel M Holdings Pty Ltd v The Trust Company (PTAL) Ltd [2020] NSWSC 248

Given the late hour of the application and the limited information, and to allow both sides to properly present their cases, the execution of the writs of possession should be stayed until further hearing.

Jurisdiction
Australia
Judgment Date
11 March 2020
Procedural Posture
Application for Stay of Writ of Possession / Interim Application, Procedural Order
Outcome
Execution of writs of possession stayed until further order
Legal Topics
['mortgages' 'possession' 'stay of Execution' 'appointment of Receiver']
['mortgages and Securities'] ['mortgages' 'possession' 'stay of Execution' 'appointment of Receiver']

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Procedural Posture

Application for Stay of Writ of Possession / Interim Application, Procedural Order

Legal Issues

  1. 1 ['Whether the execution of writs of possession should be stayed' 'Validity of appointment of receiver' 'Whether the defendant was in default under the mortgage' 'Notification to the defendant of the proceedings']

Ratio Decidendi

Given the late hour of the application and the limited information, and to allow both sides to properly present their cases, the execution of the writs of possession should be stayed until further hearing.

Court Disposition

Execution of writs of possession stayed until further order

Orders

  • ["The execution of the writ of possession issued on 29 January 2020 in respect of the property located at 15 O'Donnell Street, Port Kembla be stayed until further order." 'The execution of the writ of possession issued on 29 January 2020 in respect of the property located at 36 Horne Street, Port Kembla be stayed...