NAB v Savage (No. 2) [2013] NSWSC 1927

The borrower sought a stay for a month on the following grounds of hardship:

  1. It was the Christmas period;
  2. Her son still lives there.
  3. Her daughters are studying abroad and live there in the holidays;
  4. The proximity of the mines inflates housing prices;
  5. Commitments as a school teacher;
  6. Need to save for bond and utilities;
  7. Her daughter needs dental treatment;
  8. She suffers from vertigo

The Judge refused the stay, noting that these difficulties would arise no matter how long a stay is granted and that:

There can be no reasonable expectation of an extended stay solely on the grounds of hardship grounds only. If it is inevitable that the lender will obtain possession of the property for the purposes of exercising the power of sale, then it will be necessary for the borrower to vacate the property.

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