GKQ Mortgages Pty Ltd v Ahmad Salim Mouhajar & ors [2011] NSWSC 918

Supreme Court New South Wales

Medium Neutral Citation: GKQ Mortgages Pty Ltd v Ahmad Salim Mouhajar & ors [2011] NSWSC 918 Hearing dates: 10 & 14 June 2011 Decision date: 14 June 2011 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: 1. Notice of motion to stay execution of writ for possession dismissed. 2. Writ for possession stayed. Catchwords: PRACTICE AND PROCEDURE - judgment for possession - judgment provides that payment of moneys by certain date will be full and final settlement - defendants' pay moneys late - subsequent agreement that defendants' pay additional moneys by certain date - defendants' fail to do so - no reason to preclude plaintiff from exercising its legal right. PRACTICE AND PROCEDURE - Mortgages - judgment for possession -subsequent agreement that defendants' pay additional sum by certain date - defendants' fail to do so - defendants' undertake to pay additional sum today - seriously arguable case that plaintiff no longer entitled to possession - writ for possession stayed. Category: Procedural and other rulings Parties: GKQ Mortgages (plaintiff) Ahmaf Salim Mouhajar (first defendant) Ghazwas Mouhajar (second defendant) ING Bank Australia Limited (third defendant) Representation: Counsel: Ms K Cooper (plaintiff) (solicitor) Mr G McCartney (first & second defendants) (solicitor) Solicitors: Bransgroves Lawyers (plaintiff) Simmons & McCartney Lawyers (first & second defendants) Gadens Lawyers (third defendant) File Number(s): 2010/297761