National Australia Bank Limited v RMW Services Pty Ltd [2014] NSWSC 1621

National Australia Bank Limited v RMW Services Pty Ltd [2014] NSWSC 1621

The Court refused a stay of the writs of possession because the prospect of refinancing was found not sufficiently close to realisation, no hardship was demonstrated, and no defence with prospects was shown by the applicant. The default judgment was not set aside, and the execution of the writs was allowed to proceed.

Source-derived case information.

Parties
Plaintiff: National Australia Bank Limited; First Defendant: RMW Services Pty Ltd; Second Defendant: A1 Catering Services Pty Ltd; Third Defendant: Botany Auto Panel Beating Pty Ltd; Fourth Defendant: Roger Michael Whalebone
Jurisdiction
Australia
Judgment Date
11 November 2014
Procedural Posture
Interlocutory Application / Application for Stay of Writs of Possession
Outcome
Application dismissed
Legal Topics
Stay of Writ of Possession, Mortgages, Refinancing, Enforcement of Judgments
Property Law Stay of Writ of Possession Mortgages Refinancing Enforcement of Judgments

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Parties

National Australia Bank Limited

Plaintiff

RMW Services Pty Ltd

First Defendant

A1 Catering Services Pty Ltd

Second Defendant

Botany Auto Panel Beating Pty Ltd

Third Defendant

Roger Michael Whalebone

Fourth Defendant

Procedural Posture

Interlocutory Application / Application for Stay of Writs of Possession

Legal Issues

  1. 1 Whether a stay of execution of the writs of possession should be granted
  2. 2 Whether sufficient grounds exist for setting aside default judgment
  3. 3 Whether the applicant has an arguable defence or hardship warranting stay

Ratio Decidendi

The Court refused a stay of the writs of possession because the prospect of refinancing was found not sufficiently close to realisation, no hardship was demonstrated, and no defence with prospects was shown by the applicant. The default judgment was not set aside, and the execution of the writs was allowed to proceed.

Court Disposition

Application dismissed

Orders

  • The application for a stay of the writs of possession is dismissed.