National Australia Bank v Octagon Financial Services [2013] NSWSC 1567

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank v Octagon Financial Services [2013] NSWSC 1567 Hearing dates: 17/10/13; 18/10/13 Decision date: 18 October 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1) The execution of the writ of possession in favour of the plaintiff on 18 October 2013 at 10.30am be stayed; (2) The writ of possession in favour of the plaintiff is to be executed on 25 October 2013 at 9am; (3) The requirement to provide the occupiers with notice of the further execution of the writ of possession is dispensed with in accordance with section 7A(4) of the Sheriff Act 2005 (NSW); (4) These orders are made on the basis of Ms Bethanie Tobin's undertaking to the Court, on her own behalf and on behalf of her husband, that she will provide vacant possession of the premises located at XXXXXXXX to the plaintiff by 10am on Tuesday 22 October 2013. Catchwords: PRACTICE AND PROCEDURE - application for a stay of a writ of possession - no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Real Property Act 1900 (NSW) Sheriff Act 2005 (NSW) Category: Procedural and other rulings Parties: National Australia Bank Limited (plaintiff) Octagon Financial Services Pty Ltd (first defendant) Nicholas Martin Hunter (second defendant) Representation: Counsel: EG Saad, solicitor (17/10/13); RJ Lewin, solicitor (18/10/13) (plaintiff) C Bavin, solicitor (17/10/13); In person (18/10/13) (first and second defendants) Solicitors: Gadens Lawyers (plaintiff) Aston Legal (first and second defendants) File Number(s): 2012/87976