Perpetual Corporate Trust Limited v AI Group Development Pty Limited [2023] NSWSC 1509

Perpetual Corporate Trust Limited v AI Group Development Pty Limited [2023] NSWSC 1509

A short stay of execution of the writ of possession was warranted because both relevant factors relied on by the second and third defendants, namely an evidenced process for sale of the property and hardship arising from their personal circumstances, were well supported by affidavit evidence, and the sale process could be closely supervised by the Court.

Jurisdiction
Australia
Judgment Date
01 December 2023
Procedural Posture
Application for Stay of Execution of Writ of Possession in Mortgage Possession Proceedings / Amended Notice of Motion After Default Judgment and Issue of Writ of Possession
Outcome
Stay granted until 5.00pm on 29 January 2024, with further affidavit evidence required and the matter listed for further consideration.
Legal Topics
['mortgagee Possession' 'stay of Execution of Writ of Possession' 'hardship' 'sale of Mortgaged Property']
['mortgages' 'civil Procedure'] ['mortgagee Possession' 'stay of Execution of Writ of Possession' 'hardship' 'sale of Mortgaged Property']

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Procedural Posture

Application for Stay of Execution of Writ of Possession in Mortgage Possession Proceedings / Amended Notice of Motion After Default Judgment and Issue of Writ of Possession

Legal Issues

  1. 1 ['Whether execution of the writ of possession obtained by the plaintiff should be stayed.' "Whether the second and third defendants' proposed sale of the property and hardship justified a short stay."]

Ratio Decidendi

A short stay of execution of the writ of possession was warranted because both relevant factors relied on by the second and third defendants, namely an evidenced process for sale of the property and hardship arising from their personal circumstances, were well supported by affidavit evidence, and the sale process could be closely supervised by the Court.

Court Disposition

Stay granted until 5.00pm on 29 January 2024, with further affidavit evidence required and the matter listed for further consideration.

Orders

  • ['Pursuant to ss 67 and 135 of the Civil Procedure Act 2005 (NSW), the execution of the writ of possession obtained by the plaintiff on the land comprised in Certificate of Title Folio Identifier [REDACTED] being the land situated at and known as [REDACTED], Rydalmere NSW 2116 is stayed until 5.00pm on 29 January...