Westpac Banking Corporation v Reddy [2011] NSWSC 1165

Westpac Banking Corporation v Reddy [2011] NSWSC 1165

In circumstances where default has persisted for a considerable period, no defence has been filed, attempts to remedy indebtedness have lacked diligence, and there is no reasonable prospect of successful refinancing, it is not in the interests of justice to grant a stay of the writ of possession; the application for stay should therefore be dismissed.

Parties
Plaintiff: Westpac Banking Corporation; Defendant: Edward Devandra Reddy; Defendant: Susan Mary Carmen Reddy
Jurisdiction
Australia
Judgment Date
05 September 2011
Procedural Posture
Interlocutory Application / Application for Stay of Writ of Possession
Outcome
notice of motion dismissed
Legal Topics
Application for Stay, Writ of Possession, Mortgage Enforcement
Property Law Practice and Procedure Banking Law Application for Stay Writ of Possession Mortgage Enforcement

Case Brief

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Parties

Westpac Banking Corporation

Plaintiff

Edward Devandra Reddy

Defendant

Susan Mary Carmen Reddy

Defendant

Procedural Posture

Interlocutory Application / Application for Stay of Writ of Possession

Legal Issues

  1. 1 Should a stay be granted on the writ of possession for the property at Casula?
  2. 2 Have the defendants made reasonable attempts to address their indebtedness or refinance?
  3. 3 Is there any reasonable prospect of refinancing through St George Bank?

Ratio Decidendi

In circumstances where default has persisted for a considerable period, no defence has been filed, attempts to remedy indebtedness have lacked diligence, and there is no reasonable prospect of successful refinancing, it is not in the interests of justice to grant a stay of the writ of possession; the application for stay should therefore be dismissed.

Court Disposition

notice of motion dismissed

Orders

  • Notice of motion for stay on writ of possession dismissed