NAB v Cone [2014] WASC 121

The borrower applied for a stay of eviction order 2 days before the lender was due to take possession to seek additional time to provide a refinancing proposal to the lender. This was rejected:

It is evident that that the borrower has sought to refinance the loan, but has not been able to do so. I consider that she has had ample time to place before NAB a refinancing proposal acceptable to it. She has provided no evidence of being able to present a different proposal to the NAB in the near future. I am drawn to the conclusion that allowing more time will simply postpone the inevitable.

Nevertheless as she is a single mother with four children. The Property is their residence. I consider it just to suspend enforcement of the judgment for three weeks in order to allow her time to find alternative accommodation and move out in an orderly manner.

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