COLLIER v SENGOS [1993] NSWCA 67

COLLIER v SENGOS SUPREME COURT OF NEW SOUTH WALES — CouRT OF APPEAL

Mauoney JA, SHELLER JA and Cripps JA 18 August 1993

[1993] NSWCA 67

Mahoney JA. This application comes before the Court on the afternoon of 18 August 1993. It is sufficient to say that the application is an application for a stay of execution of an order or judgment for possession apparently made by Ireland J on 23 July 1993, that a notice of appeal has been filed, that the main ground being urged is that the original summons was not served on Mrs Collier, one of the parties, and that there is no evidence before the Court in support of the application.

Ordinarily it would be sufficient to dismiss the application on that basis. However, in the circumstances of the case and for the purpose of recording information in the case which it may be of assistance to record, I will refer to some of the aspects of it.

The information to which I refer is information in the file. It is not evidence formally tendered in the application. In the absence of evidence being placed before the Court by Mrs Collier, I have taken the liberty ofexamining the file to see whether there may be anything of substance in the application that Mrs Collier is making. I will record some of the material in the file. It may be that I do not record all of the relevant material. But it will be a sufficient statement of it in case the matter has to be considered on another occasion.

It appears that Mr and Mrs Collier own or owned a property at Camden and that the property was mortgaged to Paul Sheridan Sengos, the respondent to the present application. The papers suggest that Mr Sengos attempted to take possession of the property but because of dogs that were on the property he was not able to do so peaceably. He therefore took out a summons dated 3 May 1993 seeking possession of the property.