Qasim v PF 473 Pty Ltd [2024] NSWCA 248

Qasim v PF 473 Pty Ltd [2024] NSWCA 248

The application for a stay was refused because none of the grounds of appeal had any merit, the balance of convenience strongly favoured the respondent due to the increasing secured debt, and no fair basis was established for a stay.

Parties
Appellant: Shaheen Qasim; First Respondent: PF 473 Pty Ltd; Second Respondent: Hymans Valuation; Third Respondent: Nicola Craven
Jurisdiction
Australia
Judgment Date
15 October 2024
Procedural Posture
Civil Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
Stay application refused; costs awarded to first respondent
Legal Topics
Stay of Execution, Possession of Land, Mortgage Enforcement, Appeal Procedures
Civil Procedure Stay of Execution Possession of Land Mortgage Enforcement Appeal Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

Shaheen Qasim

Appellant

PF 473 Pty Ltd

First Respondent

Hymans Valuation

Second Respondent

Nicola Craven

Third Respondent

Procedural Posture

Civil Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted
  2. 2 Whether arguable grounds of appeal exist
  3. 3 Whether balance of convenience favours grant of a stay

Ratio Decidendi

The application for a stay was refused because none of the grounds of appeal had any merit, the balance of convenience strongly favoured the respondent due to the increasing secured debt, and no fair basis was established for a stay.

Court Disposition

Stay application refused; costs awarded to first respondent

Orders

  • Discharge order (1) made by Kirk JA on 9 October 2024.
  • Dismiss the notice of motion filed 16 August 2024.