NSW Caselaw
New South Wales Supreme Court
CITATION : Lava Limited v Avery [2009] NSWSC 177
HEARING DATE(S) : 18 March 2009
JUDGMENT DATE : 18 March 2009
JUDGMENT OF : Price J at 1
EX TEMPORE JUDGMENT DATE : 18 March 2009
DECISION : 1. There be judgment for the plaintiff as against the defendant for the possession of the whole of the land comprised in folio identifier 31/SP70153, being the property known as Apartment 901, Parbury Apartments, 1 Pottinger Street, Walsh Bay, New South Wales. 2. The plaintiff be given leave to issue a writ of possession. 3. The execution of the writ of possession be stayed for a period of six months from today, namely by 4pm on Friday 18 September 2009. 4. The cross-claim be dismissed. 5. The stay of execution of the writ of execution is conditional upon: (a) The defendant commencing proceedings on or before 27 March 2009 against Saree Holdings Limited seeking orders for the discharge of mortgage dealing number AD131541 (the redemption proceedings); (b) The defendant give an undertaking to the court that she will prosecute the redemption proceedings diligently and without delay. 6. The sum of $20,000 paid into court by the plaintiff as security for the costs of the defendant in accordance with orders made by the registrar on 16 July 2008 be released, together with accrued interest, forthwith to the plaintiff. 7. Liberty to either party to apply on three days' notice be granted.
CATCHWORDS : Possession proceedings - application for adjournment - order for possession - grant of stay on terms
LEGISLATION CITED : Civil Procedure Act 2005 s 56, s 57, s 58
CATEGORY : Procedural and other rulings
PARTIES : Lava Limited Leanne Maree Avery
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