Smith v RHG Mortgage Corporation Ltd [2009] NSWCA 243

Smith v RHG Mortgage Corporation Ltd [2009] NSWCA 243

The additional material did not significantly change the material before the primary judge and would not materially affect the outcome. No sensible basis was shown for arguing that the primary judge erred in principle, failed to consider relevant matters, considered inappropriate material, or reached a patently unreasonable decision. Because there was no significant prospect that leave to appeal would be successful, no stay should be granted despite the hardship to Mr Smith.

Jurisdiction
Australia
Judgment Date
03 August 2009
Procedural Posture
Application for Stay of Execution of Judgment Pending Determination of an Application for Leave to Appeal / Notice of Motion in the New South Wales Court of Appeal After Refusal of a Stay by Mc Clellan CJ in CL
Outcome
The Notice of Motion filed by Mr Smith on 3 August 2009 was dismissed, with no order as to costs.
Legal Topics
['stay of Execution' 'application for Leave to Appeal' 'possession of Mortgaged Property' 'default Under Mortgage']
['procedure' 'mortgage Law'] ['stay of Execution' 'application for Leave to Appeal' 'possession of Mortgaged Property' 'default Under Mortgage']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Stay of Execution of Judgment Pending Determination of an Application for Leave to Appeal / Notice of Motion in the New South Wales Court of Appeal After Refusal of a Stay by Mc Clellan CJ in CL

Legal Issues

  1. 1 ['Whether a stay of execution should be granted pending determination of the application for leave to appeal.' 'Whether there was a significant argument that the primary judge erred in refusing a stay.' 'Whether additional evidence concerning medical hardship, an asserted Nigerian payment, an inheritance, and employer financing materially affected the stay application.']

Ratio Decidendi

The additional material did not significantly change the material before the primary judge and would not materially affect the outcome. No sensible basis was shown for arguing that the primary judge erred in principle, failed to consider relevant matters, considered inappropriate material, or reached a patently unreasonable decision. Because there was no significant prospect that leave to appeal would be successful, no stay should be granted despite the hardship to Mr Smith.

Court Disposition

The Notice of Motion filed by Mr Smith on 3 August 2009 was dismissed, with no order as to costs.

Orders

  • ['The Notice of Motion filed by Mr Smith on 3 August 2009 is dismissed.' 'No order made as to costs.']