Secure Funding Pty Ltd v Stark; Secure Funding Pty Ltd v Conway [2013] NSWSC 1401

Secure Funding Pty Ltd v Stark; Secure Funding Pty Ltd v Conway [2013] NSWSC 1401

Because the motions to set aside the default judgments were to be heard on 9 October 2013 and actual execution was extremely unlikely to occur before then in any event, the Plaintiff was permitted to commence steps necessary toward execution but was not permitted to execute any writs before completion of the hearing of the motions or further order.

Jurisdiction
Australia
Judgment Date
20 September 2013
Procedural Posture
Interlocutory Applications Concerning Possession of Land, Stay of Writs of Possession, and Motions to Set Aside Default Judgment / Application for Stay of Enforcement Pending Hearing of Defendants' Notices of Motion Listed for 9 October 2013
Outcome
Limited stay granted; directions made; Defendants' Notices of Motion stood over to 9 October 2013.
Legal Topics
['possession of Land' 'stay of Writs of Possession' 'default Judgment' 'writs of Execution' 'interlocutory Applications']
['real Property' 'civil Procedure'] ['possession of Land' 'stay of Writs of Possession' 'default Judgment' 'writs of Execution' 'interlocutory Applications']

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Procedural Posture

Interlocutory Applications Concerning Possession of Land, Stay of Writs of Possession, and Motions to Set Aside Default Judgment / Application for Stay of Enforcement Pending Hearing of Defendants' Notices of Motion Listed for 9 October 2013

Legal Issues

  1. 1 ["Whether enforcement of default judgments should be stayed until the Defendants' motions to set aside default judgment could be heard." 'Whether the Plaintiff should be permitted before that hearing to take steps towards execution of the judgments.']

Ratio Decidendi

Because the motions to set aside the default judgments were to be heard on 9 October 2013 and actual execution was extremely unlikely to occur before then in any event, the Plaintiff was permitted to commence steps necessary toward execution but was not permitted to execute any writs before completion of the hearing of the motions or further order.

Court Disposition

Limited stay granted; directions made; Defendants' Notices of Motion stood over to 9 October 2013.

Orders

  • ['The Defendants file and serve any further evidence in support of their application dated 13 September 2013 by 25 September 2013.' "The Plaintiff file and serve any evidence in response to the Defendants' application by 1 October 2013." 'The Defendants file and serve their submissions in support of their...