Suncorp-Metway Limited v Constantinidis [2014] NSWSC 248

Suncorp-Metway Limited v Constantinidis [2014] NSWSC 248

Justice required a further stay because the plaintiff did not oppose it, settlement of the sale to Mr Barnes appeared preferable to execution and resale, related settlement delays were explained, and immediate execution would create hardship for Mr Constantinidis, who was expected to remain as a tenant and had...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 March 2014
Procedural Posture
Notice of Motion Seeking Further Stay of Writ of Possession / Application for Stay of Writ of Possession
Outcome
Application for stay of writ of possession granted.
Legal Topics
['stay of Writ of Possession' 'writ of Execution' 'hardship' 'settlement of Sale of Mortgaged Property']
['procedure' 'mortgage Possession'] ['stay of Writ of Possession' 'writ of Execution' 'hardship' 'settlement of Sale of Mortgaged Property']

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Procedural Posture

Notice of Motion Seeking Further Stay of Writ of Possession / Application for Stay of Writ of Possession

Legal Issues

  1. 1 ['Whether the writ for possession of the Freemans Reach property should be stayed up to and including 11 April 2014.' 'Whether hardship considerations and the prospect of settlement justified a further stay despite the lengthy procedural history.']

Ratio Decidendi

Justice required a further stay because the plaintiff did not oppose it, settlement of the sale to Mr Barnes appeared preferable to execution and resale, related settlement delays were explained, and immediate execution would create hardship for Mr Constantinidis, who was expected to remain as a tenant and had health issues.

Court Disposition

Application for stay of writ of possession granted.

Orders

  • ['The writ for possession of the property known as XX XXXXXXXXXXX Road, Freemans Reach is stayed up to and including 11 April 2014.']