Perpetual Corporate Trust Limited v Raheb [2024] NSWSC 1326

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Corporate Trust Limited v Raheb [2024] NSWSC 1326 Hearing dates: 17 October 2024 Date of orders: 17 October 2024 Decision date: 17 October 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under ss 67 and 135 Civil Procedure Act 2005 (NSW), the writ of possession in respect of the property at XX XXXXXXX XXXX, XXXXXXXXXX, New South Wales, XXXX, being the land comprised in certificate of title folio identifier X/XXXX be stayed until 5pm on 1 November 2024. (2) It is a condition of the stay that the judgment creditor be permitted forthwith to arrange with the Sheriff of New South Wales a further appointment for execution of the writ of possession with respect to the said property on the first available date after 1 November 2024. (3) The second judgment debtor, the applicant on the motion, to pay the judgment creditor's costs of this application. (4) These orders are entered forthwith in accordance with my pronouncement of them. Catchwords: JUDGMENTS AND ORDERS – enforcement – application for stay of writ of possession – factors relevant to application for stay – realistic prospect of obtaining refinance – hardship – short stay granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 67, 135 Cases Cited: GE Personal Finance Pty Limited v Smith [2006] NSWSC 889 Category: Procedural rulings Parties: Perpetual Corporate Trust Limited (Plaintiff) Robin Raheb (First Defendant) Christopher Sarkis Raheb (Second Defendant) Representation: Counsel: J Pokoney (Plaintiff) A Smorchevsky (Defendants)