Priority Lending Australia Pty Ltd v Martinsville Pty Ltd [2020] NSWSC 1889

Supreme Court New South Wales

Medium Neutral Citation: Priority Lending Australia Pty Ltd v Martinsville Pty Ltd [2020] NSWSC 1889 Hearing dates: 18 December 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Common Law Before: Hamill J (as Duty Judge) Decision: See [12]. Writ of possession stayed. Ancillary orders made. Catchwords: CIVIL LAW - order for possession of land - writ of possession - where defendant seeks to refinance - where one creditor does not oppose stay - not altruistic - whether attempt to refinance futile - not completely uninteresting legal argument - ostensibly bloody-minded approach tempered - where writ previously stayed on ground attempts to refinance continue - evidence suggests on cusp of refinance - relevance of hardship - medical emergency Cases Cited: GE Personal Finance v Smith [2006] NSWSC 889 Knauf v Plasterboard West (2017) 254 FCR 559; [2017] FCA 866 Category: Procedural and other rulings Parties: Priority Lending Australia Pty Ltd (First Plaintiff) Alan Lee Walker and Andre Leon Lakomy (as Receivers of Martinsville Pty Ltd) (Second Plaintiff) Martinsville Pty Ltd (First Defendant) Anthony James Murray (Second Defendant) James Melissa Murray (Third Defendant) National Australia Bank Limited (Fourth Defendant) Representation: Counsel: J Pokoney (First and Second Plaintiffs) P Afshar (First, Second and Third Defendants) R Lewin (Fourth Defendant)