Gustin Group Pty Limited v Phoenicia Trading Pty Ltd [2015] NSWSC 1071

Gustin Group Pty Limited v Phoenicia Trading Pty Ltd [2015] NSWSC 1071

The stay was granted primarily to allow the applicant to arrange a timely sale of the property himself, as the value of the property is estimated to discharge the debt, provided the sale is conducted swiftly and under specified conditions protecting the plaintiff's interests.

Jurisdiction
Australia
Judgment Date
28 July 2015
Procedural Posture
Notice of Motion Application for Stay / Stay Application Pending Execution of Writ of Possession
Outcome
Stay of execution of writ of possession granted with conditions
Legal Topics
['stay of Writ of Possession' 'short Term Loan' 'misspelling of Name of Registered Proprietor' 'generous Interest Rates']
['civil Law'] ['stay of Writ of Possession' 'short Term Loan' 'misspelling of Name of Registered Proprietor' 'generous Interest Rates']

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Procedural Posture

Notice of Motion Application for Stay / Stay Application Pending Execution of Writ of Possession

Legal Issues

  1. 1 ['Whether to grant a stay of execution of writ of possession pending sale of property' 'Effect of misspelling in proceedings and judgment' 'Impact of high interest rates and level of indebtedness']

Ratio Decidendi

The stay was granted primarily to allow the applicant to arrange a timely sale of the property himself, as the value of the property is estimated to discharge the debt, provided the sale is conducted swiftly and under specified conditions protecting the plaintiff's interests.

Court Disposition

Stay of execution of writ of possession granted with conditions

Orders

  • ['The execution of the writ of possession in respect of the property at 8 Illarangi Street, Carlingford is stayed on the following conditions: the second defendant is to list the property for sale by auction with auction on or before 12 September 2015.' "The second defendant is to instruct his solicitor to consult...