Poole v Hargraves Secured Investments Ltd [2013] NSWCA 69

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Poole v Hargraves Secured Investments Ltd [2013] NSWCA 69 Hearing dates: 25 March 2013 Decision date: 25 March 2013 Before: Ward JA Decision: Application for stay dismissed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EQUITY - application seeking stay of auction by mortgagee Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] NSWCA 130 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Harvey v McWalters (1949) 49 SR (NSW) 173 Inglis and another v Commonwealth Trading Bank of Australia (1971-1971) 126 CLR 161 Category: Interlocutory applications Parties: Barbara Jean Poole (First Applicant) Peter Henry Poole (Second Applicant) Hargraves Secured Investments Ltd (Respondent) Representation: Solicitors: Hargraves Solicitors (Respondent)

First Applicant in person (also representing Second Applicant) File Number(s): 13/086656 Decision under appeal Citation: Hargraves Secured Investments Ltd v Poole [2012] NSWSC 1612 Date of Decision: 2012-12-21 00:00:00 Before: Garling J File Number(s): 11/359831