Perpetual Corporate Trust Limited v AI Group Development Pty Limited [2023] NSWSC 1509

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Corporate Trust Limited v AI Group Development Pty Limited [2023] NSWSC 1509 Hearing dates: 01 December 2023 Date of orders: 01 December 2023 Decision date: 01 December 2023 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Pursuant to ss 67 and 135 of the Civil Procedure Act 2005 (NSW), I stay the execution of the writ of possession obtained by the plaintiff on the land comprised in Certificate of Title Folio Identifier [REDACTED] being the land situated at and known as [REDACTED], Rydalmere NSW 2116 until 5.00pm on 29 January 2024. (2) The second and third defendants are to file and serve an affidavit updating the position regarding the progress of the sale of the property on or before 22 January 2024. (3) I list the matter for further consideration of the continuance of the stay at 10:00am on 29 January 2024 before the duty judge. Catchwords: MORTGAGES – claim by mortgagee for possession of land following default by mortgagor – default judgment entered and writ of possession issued – application for stay of execution of writ – hardship and sale of property under way – stay granted until January 2024 to allow sale plans to progress Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: GE Personal Finance Pty Ltd v Smith [2006] NSWSC 889 Category: Procedural rulings Parties: Perpetual Corporate Trust Limited (Plaintiff) AI Group Development Pty Limited (First Defendant) Rostam Farjudi (Second Defendant) Jamileh Farjudi (Third Defendant) Vesta Farjudi (Fourth Defendant) Representation: Counsel: L James (Second and Third Defendants)