Stay of eviction

  • ANZ v Soliman [2014] NSWSC 1008

    23 July 2014
    The lender was granted possession and the borrower sought a stay on the basis that it had obtained refinance and the lender was protected. The court noted that the offers of refinance were no more...
  • NAB v Said [2014] NSWSC 959

    21 July 2014
    The bank obtained possession and a money judgment after the borrower refused to execute a settlement agreement. However the borrower argued that she had tendered some of the agreed settlement amount...
  • Landa v Perpetual Trustees Victoria [2014] NSWCA 245

    20 July 2014
    The lender was granted possession and the borrower sought a stay pending appeal. The appeal was reasonably arguable and the court granted a stay on the condition that the borrower pay interest owing...
  • Holder v Zeiher [2014] NSWSC 963

    17 July 2014
    The lender obtained possession but a stay was granted to enable the wife to make an offer to purchase the property. An extension of the stay was then sought by the wife The court refused to extend...
  • Karamihos v Bendigo and Adelaide Bank [2014] NSWCA 221

    10 July 2014
    The borrowers applied for a stay of a writ of possession in respect of their home pending their application for special leave to appeal to the High Court. The grant of a stay pending appeal requires...
  • CBA v Tallents [2014] WASC 218

    23 June 2014
    The bank obtained default judgment against the defaulting borrowers. One of the borrowers sought a suspension order on the basis that the borrowers agreed with the bank an arrangement to deal with...
  • ANZ v Huybers [2014] NSWSC 720

    09 June 2014
    The occupier sought a stay of eviction on the basis that she was tricked into transferring her properties to the borrower, who then mortgaged the properties and the bank participated in the fraud....
  • National Australia Bank v Voukidis [2014] NSWSC 711

    21 May 2014
    The bank was granted possession and the wife and children sought a stay on the basis that the debt would be refinanced, to enable them to continue in possession. However the complication was that...
  • CBA v Morgan as Administrator of the estate of Smith [2014] NSWSC 536

    07 May 2014
    This case concerned both possession proceedings and succession act proceedings arising out of the death of a grandmother, whose mortgage went into default immediately following her death. Her...
  • NAB v Cone [2014] WASC 121

    06 April 2014
    The borrower applied for a stay of eviction order 2 days before the lender was due to take possession to seek additional time to provide a refinancing proposal to the lender. This was rejected: It...

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