Permanent Trustee Company v Burkitt Australia [2006] NSWSC 1343

In this case judgement for possession and a writ was obtained but voluntarily stayed to allow refinance. Finally the lender decided to proceed and the borrower sought a court ordered stay. The judge held:

 I am acutely sympathetic to the circumstance that this is a farming property. And I also bear in mind that there is unlikely to be capital loss to the plaintiff and that there seems to be a firm offer of refinance. However the plaintiff is entitled to possession of the property, and has been for nearly two years. The defendant has been afforded great tolerance and while granting a stay would afford compassion to the defendants, it would deny legal rights to the plaintiff. In those circumstances I cannot, as a proper exercise of discretion, grant a stay today.

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