Radin, Judith Anne v Commonwealth Bank of Australia [1998] FCA 58

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - Court's power to grant extension of stay of execution of writ of possession - applicant seeks extension of stay until final determination of substantive proceeding - mortgagee bank obtained judgment for possession of dwelling house and money judgment - applicant granted stay of execution of writ of possession - numerous extensions of the stay previously granted - bank previously opposed grant of extensions on discretionary grounds - whether power to grant further extension sought - no pending ancillary application - - power to grant further extension on ground of practical necessity or where judgment sought to be enforced for improper purpose - whether, if power to grant further extension available, further extension of stay should be granted as an exercise of discretion - concessions made by applicant's solicitor on original hearing of bank's claim for possession that bank entitled to that judgment and only remaining question was period of stay. JUDITH ANNE RADIN v COMMONWEALTH BANK OF AUSTRALIA NG 985 of 1995

LINDGREN J SYDNEY 3 FEBRUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 985 of 1995

BETWEEN: JUDITH ANNE RADIN

Applicant

AND: COMMONWEALTH BANK of australia (ACN 123 123 124)

Respondent

JUDGE: LINDGREN J

DATE: 3 FEBRUARY 1998

PLACE: SYDNEY

THE COURT ORDERS THAT:

1. The time for which the writ of possession, issued pursuant to orders made on 30 April 1997, is to lie in the Court office and not be executed, be further extended to 17 February 1998. 2. The applicant pay the respondent's costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 985 of 1995