Prime Capital Securities Pty Ltd v Seven 8 Six Pty Ltd (No 2) [2017] NSWSC 1340

Prime Capital Securities Pty Ltd v Seven 8 Six Pty Ltd (No 2) [2017] NSWSC 1340

A short stay was justified because the Lumley letter provided a reasonable measure of comfort that there was a substantial prospect of refinance within a relatively short period, the hardship evidence concerning elderly and unwell occupants provided a proper basis for compassion, and the lateness of the application did not itself bar relief in light of Mr Hussain's explanation.

Jurisdiction
Australia
Judgment Date
19 July 2017
Procedural Posture
Application for Stay of Execution of a Writ of Possession / Procedural Ruling After Judgment for Possession and Issue of Writ of Possession
Outcome
Execution of the writ of possession stayed; plaintiff at liberty to approach the Sheriff for a further eviction date not before 9 August 2017.
Legal Topics
['stay of Execution of Writ of Possession' 'refinance' 'hardship' 'late Application']
['possession' 'civil Procedure'] ['stay of Execution of Writ of Possession' 'refinance' 'hardship' 'late Application']

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 a Writ of Possession / Procedural Ruling After Judgment for Possession and Issue of Writ of Possession

Legal Issues

  1. 1 ['Whether execution of the writ of possession should be stayed for a further period.' "Whether the defendant's evidence of proposed refinance provided a sufficient basis for a stay." 'Whether hardship to the elderly occupants of the property supported a stay.' 'Whether the lateness of the application should prevent relief.']

Ratio Decidendi

A short stay was justified because the Lumley letter provided a reasonable measure of comfort that there was a substantial prospect of refinance within a relatively short period, the hardship evidence concerning elderly and unwell occupants provided a proper basis for compassion, and the lateness of the application did not itself bar relief in light of Mr Hussain's explanation.

Court Disposition

Execution of the writ of possession stayed; plaintiff at liberty to approach the Sheriff for a further eviction date not before 9 August 2017.

Orders

  • ['There be a stay of the execution of the writ issued on 2 May 2017 until 2 August 2017.' 'From today the plaintiff is at liberty to approach the Sheriff with a view to obtaining a further eviction date not before 9 August 2017.']