Prime Capital Securities Pty Ltd v Seven 8 Six Pty Ltd [2017] NSWSC 1162

Prime Capital Securities Pty Ltd v Seven 8 Six Pty Ltd [2017] NSWSC 1162

The application for a further stay was refused because the Court was not satisfied on the balance of probabilities that the defendant had finance in place to cover the debt and previous undertakings had not resulted in payment.

Jurisdiction
Australia
Judgment Date
31 August 2017
Procedural Posture
Application for Stay of Writ of Possession / Fifth Application for Stay Post Judgment
Outcome
Defendant's application for a further stay of the writ of possession refused.
Legal Topics
['enforcement of Judgment for Possession' 'writ of Possession' 'stay of Writ']
['land Law'] ['enforcement of Judgment for Possession' 'writ of Possession' 'stay of Writ']

Case Brief

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Procedural Posture

Application for Stay of Writ of Possession / Fifth Application for Stay Post Judgment

Legal Issues

  1. 1 ['Whether a further stay of the writ of possession should be granted']

Ratio Decidendi

The application for a further stay was refused because the Court was not satisfied on the balance of probabilities that the defendant had finance in place to cover the debt and previous undertakings had not resulted in payment.

Court Disposition

Defendant's application for a further stay of the writ of possession refused.

Orders

  • ["Defendant's application for a further stay of the writ of possession is refused."]