Donnelly v ANZ [2014] NSWCA 20

The case concerned a foreign currency loan.

The loan and mortgage were held to be valid and the bank was granted possession and judgment for the amount owing. Click here to see our report of the first instance decision.

The wife sought a stay of execution.

The court refused a stay for the following reasons:

  1. there was not a strong case for appeal;
  2. what was owed to the bank exceeded the value of the property; and
  3. the bank had uncontested judgment against the husband and was entitled to possession against him.

Click here to read the full judgment

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