Stay of eviction

  • National Australia Bank v McCarthy [2015] NSWSC 1040

    29 July 2015
    The lender obtained default judgment and the borrower sought to have it set aside and a stay of the writ of possession. The borrower argued that it was unconscionable for the lender to lend him...
  • Gustin Group v Phoenicia Trading [2015] NSWSC 1071

    28 July 2015
    This was an extremely sad case where a retiree of 75 years invested his entire redundancy package and more, by way of a high interest loan secured on his home as collateral in someone else’s...
  • Commonwealth Bank of Australia v Sowter [2015] NSWSC 999

    17 July 2015
    The bank sought possession against a bankrupt and gave notice to the occupiers which did not come to their attention. The occupiers had been making regular weekly payments to the borrower pursuant...
  • Watts v RHG [2015] WASCA 139

    10 July 2015
    The lenders obtained summary judgment and an order for possession and the borrower then sought to suspend its enforcement on the basis that judgment was obtained in her absence and the lender’s...
  • Westpac v Doueihi [2015] NSWSC 709

    04 June 2015
    A borrower sought to stay the lender’s auction of his property on the basis that his friend had obtained finance to purchase the house. However the friend had not actually received formal approval...
  • Rubino v ANZ [2014] NSWCA 362

    23 October 2014
    A husband and wife owned three properties, living on one and operating a flower farming business on the other two. They borrowed money from the bank. There was a dispute with the bank which...
  • Matsoukatidou v CBA [2014] VSCA 229

    04 September 2014
    The borrowers in this case were mother and daughter. The sought a stay of possession pending appeal of a summary judgment against them for possession. The question arose at the time of the summary...
  • Sgargetta v NAB [2014] VSCA 189

    21 August 2014
    This case arose initially out of a mistake made by the bank in relation to its pay out figure, quoting a figure less than the correct amount of the mortgage debt, but it corrected the mistake before...
  • Capon v Snyman [2014] NSWCA 274

    06 August 2014
    A tenant obtained a stay of eviction in relation to a home she was sub-leasing which had been the subject of an order for possession by the tribunal. Her tenancy expired and the court refused to...
  • Suncorp-Metway v Gonfanon [2014] NSWSC 1054

    24 July 2014
    The bank was granted possession and the potential purchaser of the property applied for an extension of a stay for a little over one month. The court noted that whilst matters of hardship might be...


Brans Case Notes



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