Perpetual Limited v Narayan [2013] NSWSC 39

Perpetual Limited v Narayan [2013] NSWSC 39

A short stay of execution of the writ of possession was justified solely on grounds of hardship to allow the defendants time to organise their affairs, but not for the extended period sought due to complete lack of evidence of repayment capability.

Parties
Plaintiff: Perpetual Limited; First Defendant: Pradeep Narayan; Second Defendant: Sashi Narayan
Jurisdiction
Australia
Judgment Date
22 January 2013
Procedural Posture
Application for Stay of Execution / Ruling on Application for Stay
Outcome
Application for stay granted in part
Legal Topics
Stay of Execution of Writ of Possession, Hardship, Judgments and Orders
Practice and Procedure Enforcement of Judgments Stay of Execution of Writ of Possession Hardship Judgments and Orders

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Parties

Perpetual Limited

Plaintiff

Pradeep Narayan

First Defendant

Sashi Narayan

Second Defendant

Procedural Posture

Application for Stay of Execution / Ruling on Application for Stay

Legal Issues

  1. 1 Whether execution of writ of possession should be stayed on grounds of hardship

Ratio Decidendi

A short stay of execution of the writ of possession was justified solely on grounds of hardship to allow the defendants time to organise their affairs, but not for the extended period sought due to complete lack of evidence of repayment capability.

Court Disposition

Application for stay granted in part

Orders

  • Execution of the writ of possession presently scheduled for 24 January 2013 be stayed up until and including Friday 22 February 2013.