Secure Funding Pty Ltd v Stark; Secure Funding Pty Ltd v Conway [2013] NSWSC 1401

Supreme Court New South Wales

Medium Neutral Citation: Secure Funding Pty Ltd v Stark; Secure Funding Pty Ltd v Conway [2013] NSWSC 1401 Hearing dates: 20 September 2013 Decision date: 20 September 2013 Jurisdiction: Common Law Before: Davies J Decision: ORDERS: Orders as per Amended SMO agreed between the parties in the following terms: 1. The Defendants file and serve any further evidence in support of their application dated 13 September 2013 by 25 September 2013. 2. The Plaintiff file and serve any evidence in response to the Defendants' application by 1 October 2013. 3. The Defendants to file and serve their submissions in support of their application by 4 October 2013. 4. The Plaintiff to file and serve its submission in response to the Defendants' application by noon on 8 October 2013. FURTHER ORDERS: 1. Any writs of execution to enforce the judgments of the Court are not to be executed prior to the completion of the hearing of the defendant's Notices of Motion on 9 October 2013 or unless another order of the Court is made. 2. The costs of the hearing of 19 and 20 September are to be costs in the Motion to be heard on 9 October. 3. I will stand over the defendant's Notices of Motion in each case to the hearing of 9 October 2013. Catchwords: REAL PROPERTY - possession of land - application for stay of writs of possession - motion to set aside default judgment to be heard within three weeks - plaintiff may have writs issued but not executed prior to hearing of motion Category: Interlocutory applications Parties: Matter 2012/266739: Secure Funding Pty Ltd (Plaintiff) John Charles Stark (First Defendant) Jennifer Gloria Stark (Second Defendant)