Hargraves Secured Investments Ltd v Poole [2012] NSWSC 1612

Supreme Court New South Wales

Medium Neutral Citation: Hargraves Secured Investments Ltd v Poole [2012] NSWSC 1612 Hearing dates: 06/12/2012, 07/12/2012 Decision date: 21 December 2012 Jurisdiction: Common Law Before: Garling J Decision: (1) Notice of Motion filed 3 December 2012 is dismissed. (2) Defendants to pay the plaintiff's costs. Catchwords: PROPERTY - urgent relief sought - application for stay of execution of writs of possession and stay of consent judgment - whether plaintiff in breach of deed of settlement and release - whether plaintiff responsible for community awareness which caused adverse effect on sale of land - whether plaintiff's tardy provision of information and disadvantageous wording in letter adversely impacted refinancing - consideration of what is fair, reasonable and in interests of justice - defendants have previously been given various periods of time to arrange their affairs - plaintiff has not been in breach of obligations -consideration of whether defendants should be given further time to explore opportunity which may raise capital necessary to repay the plaintiff - not in interests of justice to permit further time to the defendants to arrange their affairs - notice of motion dismissed. Category: Procedural and other rulings Parties: Hargraves Secured Investments Limited (P) Peter Henry Poole (D1) Barbara Poole (D2) Representation: Mr Mulquiney (P) In person (D1) In person (D2) Hargraves Solicitors (P) File Number(s): 2011/359831

Judgment 1This is an application by notice of motion filed in court on 3 December 2012 by Barbara Jean Poole and Peter Henry Poole for orders that: - "1. There be a stay of the writ of possession, and 2. There be a stay of the consent judgment". 2The plaintiff, Hargraves Secured Investments Limited ("Hargraves"), which was the respondent to the motion, opposed the orders sought.