Jetobee Pty Limited (in liq) v Smith & Young Pty Limited [2016] NSWSC 5

Jetobee Pty Limited (in liq) v Smith & Young Pty Limited [2016] NSWSC 5

A continuation of the stay is refused. The defendant has not established any grounded or articulated basis for an appeal, nor provided satisfactory discretionary grounds for a further stay. The plaintiff is entitled to enforce its judgment.

Jurisdiction
Australia
Judgment Date
19 January 2016
Procedural Posture
Writ of Possession/stay Application / Hearing of Application to Extend Stay of Writ of Possession
Outcome
Defendant's notice of motion dismissed with costs.
Legal Topics
['stay of Execution' 'writ of Possession' 'contracts for Sale of Land' 'mortgage Enforcement']
['property Law' 'mortgages' 'civil Procedure'] ['stay of Execution' 'writ of Possession' 'contracts for Sale of Land' 'mortgage Enforcement']

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Procedural Posture

Writ of Possession/stay Application / Hearing of Application to Extend Stay of Writ of Possession

Legal Issues

  1. 1 ['Whether to grant a further stay of execution of writ of possession over land pending completion of contract for sale and/or potential appeal.']

Ratio Decidendi

A continuation of the stay is refused. The defendant has not established any grounded or articulated basis for an appeal, nor provided satisfactory discretionary grounds for a further stay. The plaintiff is entitled to enforce its judgment.

Court Disposition

Defendant's notice of motion dismissed with costs.

Orders

  • ["Defendant's notice of motion dismissed with costs."]