Stay of Eviction

Macquarie International Health Clinic v Sydney South West Area Health Service [2015] NSWCA 323 15 October 2015

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 …

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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 …

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Mavaddat v HSBC [2015] WASCA 205

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 …

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National Australia Bank v Sayed (No. 3) [2015] NSWSC 1473

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. …

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Roxo v Normandie Farm (Dairy) Pty Ltd [2015] NSWSC 1448

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 …

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Bank of Queensland v Balasingam [2015] VSC 536

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 …

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Bankwest v New South Wales Trustee and Guardian [2015] NSWSC 1340

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 …

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First Mortgage Investments v Naylor [2015] NSWSC 1142

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 …

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