The Trust Company (PTAL) Limited v Penna [2020] NSWSC 11

The Trust Company (PTAL) Limited v Penna [2020] NSWSC 11

A further stay was refused because the defendant had been on notice for an extended period that she and the other occupants had to vacate, only approached the Department of Housing at the last minute, and the Court had no confidence that she would comply with any further stay. In light of the history of repeated applications and non-compliance with prior requirements to relinquish possession, there were no grounds to grant the stay of execution of the writ of possession.

Jurisdiction
Australia
Judgment Date
20 January 2020
Procedural Posture
Land Possession Proceedings; Application for Stay of Execution of Writ of Possession / Notice of Motion for a Further Stay Before the Duty Judge
Outcome
Application for a further stay of the writ of possession due to be executed on Monday 20 January 2020 is refused.
Legal Topics
['possession' 'stay of Execution' 'writ of Possession' 'mortgage Default' 'eviction']
['land Law' 'civil Procedure'] ['possession' 'stay of Execution' 'writ of Possession' 'mortgage Default' 'eviction']

Case Brief

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Procedural Posture

Land Possession Proceedings; Application for Stay of Execution of Writ of Possession / Notice of Motion for a Further Stay Before the Duty Judge

Legal Issues

  1. 1 ['Whether the Court should grant a further stay of execution of the writ of possession due to be executed on 20 January 2020.' "Whether the defendant's asserted hardship and accommodation difficulties provided a proper basis for a further stay in light of the history of prior stays and applications."]

Ratio Decidendi

A further stay was refused because the defendant had been on notice for an extended period that she and the other occupants had to vacate, only approached the Department of Housing at the last minute, and the Court had no confidence that she would comply with any further stay. In light of the history of repeated applications and non-compliance with prior requirements to relinquish possession, there were no grounds to grant the stay of execution of the writ of possession.

Court Disposition

Application for a further stay of the writ of possession due to be executed on Monday 20 January 2020 is refused.

Orders

  • ['The application for a further stay of execution of the writ of possession was declined.']