Secure Funding Pty Ltd v Colin West [2013] NSWSC 746

A short stay of seven days is justified to allow the applicants to rectify defaulted payments and provide evidence of the loan application and timetable, but a longer stay is not warranted due to inadequacy of evidence about the loan application and continuing defaults.

Jurisdiction: Australia
Judgment Date: 07 June 2013
Procedural Posture: Application for Stay Upon Writ of Possession / Ex Tempore Judgment
Outcome: Stay granted for seven days on execution of writ of possession.
Legal Topics: ['possession of Land' 'stay of Writ of Possession' 'mortgage Default' 'compromise Agreement']

['real Property'] ['possession of Land' 'stay of Writ of Possession' 'mortgage Default' 'compromise Agreement']

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Procedural Posture

Application for Stay Upon Writ of Possession / Ex Tempore Judgment

Legal Issues

1 ['Should a stay be granted on the execution of a writ of possession after default under a mortgage and compromise agreement?' 'Is there sufficient evidence of attempts to rectify compliance and seek further funding for purchase by family member?' 'Has hardship justifying relief been established?']

Ratio Decidendi

Court Disposition

Stay granted for seven days on execution of writ of possession.

Orders

['Stay execution of writ of possession for seven days until 14 June 2013.' 'Applicants may seek further stay by providing documentary evidence by 10am on Friday 14 June of payment of March and May instalments, progress of loan application to Indigenous Business Australia, and likely timetable for loan approval.']