Stay of eviction

  • Pascoe v Lyon [2014] NSWSC 308

    20 March 2014
    An owner failed to pay his levies for many years and was bankrupted by the body corporate. The mortgagee obtained a writ of possession and the owner applied for a stay in the hope that a scheme of...
  • Suncorp-Metway v Constantindis [2014] NSWSC 248

    12 March 2014
    The purchaser from the second mortgagee sought a stay to allow the sale to proceed. No argument as to his standing was raised or commented on by the court. The first mortgagee did not oppose the...
  • Donnelly v ANZ [2014] NSWCA 43

    04 March 2014
    The wife appealed against a decision refusing a stay of possession. The case concerned a foreign currency loan. The Court of Appeal noted it could review a decision refusing a stay when: there is a...
  • Suncorp Metway v Gonfanon [2014] NSWSC 197

    25 February 2014
    The borrower arranged for his company to purchase the property from the second mortgagee which exercised its power of sale but the purchase was delayed owing to the hospitalisation of one of the...
  • Manny v ANZ [2014] ACTCA 5

    25 February 2014
    The bank obtained possession and the borrower sought an urgent stay the day before eviction on the basis of his appeal. The court found no prospect of success in the appeal and noted that he should...
  • Donnelly v ANZ [2014] NSWCA 20

    09 February 2014
    The case concerned a foreign currency loan. The loan and mortgage were held to be valid and the bank was granted possession and judgment for the amount owing. Click here to see our report of the...
  • Pepper Finance v Mackney [2014] NSWSC 196

    04 February 2014
    The lender obtained default judgment. The borrowers failed to have it set aside, but were given at least two months’ to vacate before the writ could be executed. When the lender sought to take...
  • NAB v Savage (No. 2) [2013] NSWSC 1927

    02 December 2013
    The borrower sought a stay for a month on the following grounds of hardship: It was the Christmas period; Her son still lives there. Her daughters are studying abroad and live there in the holidays;...
  • Commonwealth Bank of Australia v Coppola [2013] NSWSC 1391

    19 September 2013
    The lender obtained judgment for possession and the borrowers obtained stays of the writ on three or four occasions, all in the hope that refinance would be available. Conditions imposed on those...
  • Lucas v Langlands [2013] NSWSC 1358

    17 September 2013
    The lender obtained judgment for possession and the borrowers sought a stay. Both parties agreed to delay sale for 3 months to permit the borrowers to sell and certain conditions were provided for...

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