CBA v Damevski [2015] NSWSC 1652

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 noted that there was no evidence that the borrower was in a position to pay any agreed amount to the bank and had already failed to pay an amount previously agreed.

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