National Australia Bank v Savage (No. 2) [2013] NSWSC 1927

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank v Savage (No. 2) [2013] NSWSC 1927 Hearing dates: 3 December 2013 Decision date: 03 December 2013 Jurisdiction: Common Law Before: Adamson J Decision: As against the second defendant: (1) Judgment for possession of the whole of the land comprised in Certificate of Title, Folio Identifier 39/xxx (formerly 1/xx) and known as xx Byng Street, Orange in the State of New South Wales. (2) Judgment for the possession of the whole of the land comprised in Certificate of Title, Folio Identifier 2/xx (formerly 7/xx) and known as "Willapines" Molong Road, Orange (also known as 'Willawong' Molong Road, Orange) in the State of New South Wales. (3) Leave to issue a writ of possession to enforce the judgment referred to in paragraphs (1) and (2) above. (4) Order the defendant to pay the plaintiff's costs of the proceedings. Catchwords: PRACTICE AND PROCEDURE -application for stay of writ of possession -hardship -no basis for stay -practical exigencies preventing execution of writ in any event Legislation Cited: Civil Procedure Act 2005, s 67 Cases Cited: GE Personal Finance Pty Limited v Smith [2006] NSWSC 889 National Australia Bank Limited v Savage [2013] NSWSC 1718 Category: Interlocutory applications Parties: National Australia Bank Ltd (Plaintiff) Matthew Ronald Savage (First Defendant) Lisa Margaret Savage (Second Defendant) Representation: Counsel: E Birkett (Solicitor) (Plaintiff) D Macfarlane (Solicitor) (Defendants) Solicitors: Gadens Lawyers (Plaintiff) Riley Gray-Spencer Lawyers (Defendants) File Number(s): 2011/45466 Publication restriction: Nil