The Trust Company (Australia) Ltd (formerly known as Permanent Trustee Company Ltd) v Galloway (also known as Gallaway) [2013] NSWSC 1571

Supreme Court New South Wales

Medium Neutral Citation: The Trust Company (Australia) Ltd (formerly known as Permanent Trustee Company Ltd) v Galloway (also known as Gallaway) [2013] NSWSC 1571 Hearing dates: 17/10/2013 Decision date: 17 October 2013 Jurisdiction: Common Law Before: Campbell J Decision: Upon the undertaking of the defendant through his counsel: (a) To pay damages in accordance with the usual undertaking; and (b) To give to the plaintiff vacant possession of the property comprised in folio 1/10036791 known as XXXXX on 15 November 2013, should the plaintiff's mortgage not be discharged by that date; The Court orders that: (1) The operation of the writ of execution issued on 27 August 2013 be stayed so that it is not executed on or before 15 November 2013; (2) The defendant is to pay the plaintiff the sum of $15,000 by 1 November 2013, such payment is on account of mortgage number 9559290. Catchwords: PRACTICE AND PROCEDURE - application for a stay of a writ of execution - no question of principle Category: Procedural and other rulings Parties: The Trust Company (Australia) Limited (formerly known as Permanent Trustee Company Limited) (plaintiff) Brett William Galloway (also known as Brett William Gallaway) (defendant) Representation: Counsel: R Lewin, solicitor (plaintiff) D Allen (defendant) Solicitors: Gadens Lawyers (plaintiff) Leigh Johnson Lawyers (defendant) File Number(s): 2013/102108