05 November 2015


A borrower sought a last minute stay of eviction.

The court refused because the basis was not a firm proposal made by the borrower that had been accepted by the bank but simply that further negotiations could result in the bank accepting an amount (yet to be identified) and agreeing to a stay. The court noted that there was no evidence that the borrower was in a position to pay any agreed amount to the bank and had already failed to pay an amount previously agreed.

Click here to read the full judgement

Kate resize

Kate Cooper joined Bransgroves Lawyers in 2006 and has been a partner since 2009. Kate specialises in Supreme Court litigation in the fields of mortgage enforcement, professional negligence and originator/funder disputes. She has an extensive transactional practice including, origination deeds, aggregation deeds, commercial and construction lending and mortgage securitisation.

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