Secure Funding Pty Limited v Stark Secure Funding Pty Limited v Conway [2013] NSWSC 1257

The applicants failed to demonstrate that the requirements of justice warranted the grant of a stay; there was substantial equity to alleviate hardship, no defence to possession advanced, prejudice to the lender from delayed enforcement, and the relevant authorities do not support a stay on the basis of pending cross-claims or litigation funding difficulties.

Jurisdiction: Australia
Judgment Date: 05 September 2013
Procedural Posture: Interlocutory Application / Application for Stay of Possession Orders Pending Determination of Related Proceedings
Outcome: Application for stay dismissed
Legal Topics: ['stay of Proceedings' 'stay of Execution' 'judgment for Possession' 'discretionary Relief' 'mortgage Enforcement']

['civil Procedure' 'enforcement of Judgments' 'equity' 'corporations'] ['stay of Proceedings' 'stay of Execution' 'judgment for Possession' 'discretionary Relief' 'mortgage Enforcement']

Case Brief

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

Procedural Posture

Interlocutory Application / Application for Stay of Possession Orders Pending Determination of Related Proceedings

Legal Issues

1 ['Whether orders for possession should be stayed pending the outcome of related Commercial List proceedings' 'Whether the requirements of justice demand a stay of execution' 'Whether prejudice to the respondent arises from the grant of a stay' 'Whether the outcome of other proceedings would be stultified by declining a stay']

Ratio Decidendi

Court Disposition

Application for stay dismissed

Orders

['Application for stay of orders for possession by Mrs Stark, Mr Stark, and Mr Conway is dismissed.' 'Costs to follow the event.']