Writ of Restitution

CBA v Maksacheff [2015] NSWSC 1860

The lender obtained possession and evicted the borrower. Between the taking of possession and changing the locks to ready the property for sale, the borrowers took up residence again. The court found that the owners had attempted to subvert the writ of possession and the lender’s access, and ordered a writ of restitution to restore …

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St George Bank v Udowenko [2010] NSWSC 1289

St George obtained judgment for possession in 2004. After several stays of the writ St George obtained possession in 2008. Sometime later the borrower re-entered possession. St George sought a writ of restitution and that the judgment be served with an endorsement stating that Udowenko was liable to imprisonment if possession was not handed over. …

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