Macquarie International Health Clinic v Sydney South West Area Health Service [2015] NSWCA 323

The lender gained possession of a hospital but judgment was stayed until the conclusion of an enquiry before a judge as to the damages payable to the lender in respect of the lender being kept out of possession. The enquiry took place but judgment has not yet been given. The lender then sought damages for the health service remaining in possession and the question arose as to whether it was entitled to the date of judgment for possession or the date of judgment on the enquiry. The health service sought to have the stay lifted.

The court agreed to lift the stay on 2 November, to allow the lender time to assume operational control of the site before the health service gives up possession.

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