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 …
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 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 …
A husband and wife entered into three loans – one to enable the purchase of the family home and the second and third to finance the husband’s business. All the loans were secured over the family home. The court rejected that the wife had an arguable defence based on the wife’s equity principle in relation …
The bank obtained a money judgment and possession. The borrowers failed to pay and sought a stay the day before the writ was due for execution until his cross-claim could be heard.The cross-claim concerns a damages claim for sale at what is said to be an under value of other property sold by the bank. …
National Australia Bank v Sayed (No. 3) [2015] NSWSC 1473 Read More »
We have previously reported on this case, in which the lender was granted possession. The borrower appealed and sought a stay on the basis that the borrower had nowhere to place the dairy cows and the borrower’s dairy enterprise could be destroyed. The borrower sought a 6 months stay to vacate the farm and re-establish …
Roxo v Normandie Farm (Dairy) Pty Ltd [2015] NSWSC 1448 Read More »
The bank obtained default judgment for possession but did not execute warrants because there were negotiations to refinance but the arrangements were breached. Another warrant issued and the borrower again applied for a stay of execution. The court said: The starting point is that the party who has obtained a judgment is entitled to have …
A widow applied for a further stay to prevent the bank obtaining possession of his deceased’s wife house, in which he and their children lived. Complicating factors were that the couple married in Macedonia, no marriage certificate has been obtainable and the wife did not leave a will. The widow defaulted on the mortgage payments …
Bankwest v New South Wales Trustee and Guardian [2015] NSWSC 1340 Read More »
The tenants lost their previous fight against the registered owner who was granted possession, appealed and sought a stay of eviction on the basis of their appeal. The court refused the stay given the history of the litigation, the fact that judgment in the earlier case gave alternative grounds for rejecting the tenant’s claims so …
The defaulting borrowers, pig farmers, obtained a short stay of eviction despite the fact that consent orders were made in April. The lenders had given the borrowers considerable time to repay (two years) without enforcing their security and the debt now outweighed the value of the property substantially with interest accruing at a significant daily …
First Mortgage Investments v Naylor [2015] NSWSC 1142 Read More »
