Secure Funding v Webster [2008] NSWSC 443

New South Wales Supreme Court

CITATION : Secure Funding v Webster [2008] NSWSC 443

HEARING DATE(S) : 21-23/04/2008

JUDGMENT DATE : 9 May 2008

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

1. The defendants' Notice of Motion dated 21 April 2008 is dismissed. DECISION : 2. The defendants are to pay 50% of the plaintiff's costs of the motion. 3. That the stay granted on 21 April 2008 be discontinued.

CATCHWORDS : COMMON LAW - default judgment and writ of possession obtained - no defence filed by defendants in reliance on purported representation made to them by the plaintiff - Notice of Motion seeking stay of execution of writ and setting aside of default judgment filed subsequent to writ's execution - no defence to underlying claim in debt - discretion of Court to restrain plaintiff from further execution of writ

LEGISLATION CITED : Uniform Civil Procedure Rules 2005

CATEGORY : Principal judgment

GE Personal Finance Pty Ltd v Smith [2006] NSWSC 889 CASES CITED : Inglis v Commonwealth Trading Bank of Australia (1972) 126 CLR 161 Roach v B & W Steel Pty Ltd (1991) 23 NSWLR 110

Secure Funding Pty Ltd (Plaintiff) PARTIES : Wayne Anthony Webster (1st Defendant) Eschelle Hayward (2nd Defendant)

FILE NUMBER(S) : SC 15322/07

Mr J Moss (Sol) (Plaintiff) (21 & 22 April 2008) COUNSEL : Mr J P Redmond (Plaintiff) (23 April 2008) In Person (Defendant)

SOLICITORS : Dibbs Abbott Stillman (Plaintiff)

- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

McCallum J