The Trust Company (PTAL) Ltd v Samuel M Holdings Pty Ltd [2020] NSWSC 863

Supreme Court New South Wales

Medium Neutral Citation: The Trust Company (PTAL) Ltd v Samuel M Holdings Pty Ltd [2020] NSWSC 863 Hearing dates: 2 July 2020 Decision date: 02 July 2020 Jurisdiction: Common Law Before: Adamson J Decision: The notice of motion filed on 2 July 2020 is dismissed. Catchwords: MORTGAGES AND SECURITIES — Mortgages — Duties, rights and remedies of mortgagee — Possession — application to stay execution of writ of possession — application dismissed Category: Procedural and other rulings Parties: Bosilka Siljanovska (First applicant on motion) Lupco Stojcevski (Second applicant on motion) The Trust Company (PTAL) Ltd ACN 008 412 913 (Plaintiff) Samuel M Holdings Pty Ltd in its corporate capacity and as Trustee for the Bosilka Trust ABN 27 970 527 313 (Receivers and Managers Appointed) (Defendant) Representation: Counsel: J Pope (Applicants on motion) A G Martin (Plaintiff / respondent on motion)

Solicitors: Pope & Spinks Solicitors (Applicants on motion) Summer Lawyers (Plaintiff) File Number(s): 2019/358119

Judgment (EX TEMPORE)

Introduction 1. By notice of motion filed today and referred to me as the duty judge, Bosilka Siljanovska and her son, Lupco Stojcevski (the applicants), apply for a stay of the execution of the writ of possession of property of which they are occupiers at 15 O'Donnell Street, Port Kembla (the O'Donnell Street property). The stay is sought for a short period in order that the applicants can put on evidence to establish a cause of action arising from the circumstances in which they have come to occupy the property.