The lender obtained possession and evicted the borrower. Between the taking of possession and changing the locks to ready the property for sale, the borrowers took up residence again. The court found that the owners had attempted to subvert the writ of possession and the lender’s access, and ordered a writ of restitution to restore …
The lender had successfully obtained a writ of possession. The borrower had not filed any defence in those proceedings. However after execution of the writ, the borrower re-entered the property and remained in possession. The lender asked the court for a writ of restitution which the borrower opposed on the basis that the order for …
St George obtained judgment for possession in 2004. After several stays of the writ St George obtained possession in 2008. Sometime later the borrower re-entered possession. St George sought a writ of restitution and that the judgment be served with an endorsement stating that Udowenko was liable to imprisonment if possession was not handed over. …
