National Australia Bank Ltd v C & O Voukidis Pty Ltd (No. 2) [2014] NSWSC 668

National Australia Bank Ltd v C & O Voukidis Pty Ltd (No. 2) [2014] NSWSC 668

A short stay until Thursday 22 May 2014 was warranted because there was a possibility that service of the notice of eviction might cause the loss of the proposed sale, which would be detrimental to both the first defendant and the bank, and only a two-day stay was sought; therefore the balance of convenience favoured granting the stay.

Jurisdiction
Australia
Judgment Date
20 May 2014
Procedural Posture
Interlocutory Application for Stay of Execution of a Writ of Possession / After Summary Judgment for Possession and Issue of a Writ of Possession; Interim Stay Sought Pending a Stay Motion
Outcome
Interim stay granted and supplementary directions made.
Legal Topics
['stay of Execution' 'writ of Possession' 'balance of Convenience' 'possession of Property']
['remedies' 'civil Procedure'] ['stay of Execution' 'writ of Possession' 'balance of Convenience' 'possession of Property']

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Procedural Posture

Interlocutory Application for Stay of Execution of a Writ of Possession / After Summary Judgment for Possession and Issue of a Writ of Possession; Interim Stay Sought Pending a Stay Motion

Legal Issues

  1. 1 ['Whether the taking of steps in furtherance of execution of the writ of possession should be stayed for a short period.' 'Whether the balance of convenience favoured granting a short stay where service of a notice of eviction might affect a proposed sale of the property.']

Ratio Decidendi

A short stay until Thursday 22 May 2014 was warranted because there was a possibility that service of the notice of eviction might cause the loss of the proposed sale, which would be detrimental to both the first defendant and the bank, and only a two-day stay was sought; therefore the balance of convenience favoured granting the stay.

Court Disposition

Interim stay granted and supplementary directions made.

Orders

  • ['The taking of any step in furtherance of the execution of a writ of possession in respect of the property known as X XXXXXXXXXXXX, XXXXXXX is stayed until 5pm on Thursday 22 May 2014, upon the undertaking of the first defendant to pay any fees wasted by reason of this order.' 'Order (1) may be entered forthwith...