Stay of Eviction

Pepper Finance Corporation v Williams [2008] NSWSC 4

The borrower Mrs Williams sought a stay of eviction by on the grounds that she wished to appeal the judgment for possession on the following grounds: She did not consent to the jurisdiction of the Supreme Court, Pepper Finance failed to to follow the procedure for dispute resolution laid down in chapter 18 of St …

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Lawteal Seconds v Warrimoo Property [2007] NSWSC 1124

In this case the borrower received a letter of offer to refinance from a company associated with the lender’s solicitor. The borrower argued that proceeding with the eviction would amount to a breach of the promise. However the court ruled that the lender has not issued the letter of offer and could not be bound …

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Balanced Securities v Oberlechner [2007] NSWSC 80

The defendant borrowed $460,000 from the plaintiff, secured by mortgages over two properties. After the defendant defaulted the first property was sold. In these proceedings the defendant sought to have the default judgement for possession of the second property (the family home) set aside. The defendant claimed to not have received the statement of claim …

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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 …

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GE Personal Finance v Smith [2006] NSWSC 889

In this case Johnson J considered common stay applications that come before the courts and the circumstances that the court is likely to take into consideration when exercising its discretion. Where a defence is to be filedWhere the borrower indicates that the proceedings are to be defended, a draft Notice of Grounds of Defence should …

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Circuit Finance v Castagnet Property Group [2006] NSWSC 553

Default judgement was entered and then a stay was sought. The parties then entered into consent orders providing for the lifting of the stay. These were held in escrow while the borrower’s attempted a refinance. The refinance fell over and the borrowers claim it was because the Lender scared away the incoming mortgagee by providing …

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