Suncorp-Metway Limited v Gonfanon Pty Limited [2014] NSWSC 1054

Supreme Court New South Wales

Medium Neutral Citation: Suncorp-Metway Limited v Gonfanon Pty Limited [2014] NSWSC 1054 Hearing dates: 25 July 2014 Decision date: 25 July 2014 Jurisdiction: Common Law Before: Hamill J (as Duty Judge) Decision: (1) The writ of possession of property known as 232 Cornwallis Rd Cornwallis being Lot A in Deposited Plan 85773 be stayed up to and including until 5pm on Friday August 22nd; (2) The validity of the writ in regard of the premises at 232 Cornwallis Rd Cornwallis be extended until 5pm on Friday 12 September 2014; (3) The applicant Andrew Brown pay the costs of the plaintiff of and incidental to this notice of motion; (4) Mr Brown file within fifteen days an affidavit as to (a) the current status of the offer of finance by the St George Bank (b) the readiness of the St George Bank to complete that loan arrangement. There is to be annexed to the affidavit documents proving the current status of and details of the deposit said to have been paid to Rural Securities Holdings. (5) I note the undertaking of the liquidator Mr Wiley that he will provide a report into the transactions between Mr Brown and the corporation in liquidation Rural Securities Holdings Pty Ltd to both parties, which is to say the plaintiff and Mr Brown, within fifteen days; (6) That any future application for stay of execution of a writ of possession not be entertained unless the plaintiff or its legal representatives have been notified within forty-eight hours of that application being made. (7) I grant liberty to the parties to apply to the duty judge on forty-eight hours' notice. Catchwords: CIVIL LAW - MORTGAGES - claim by mortgagee for possession of land - application for stay of execution of writ of possession - multiple applications for stay - application by current tenant - change of circumstances -hardship - limited role of hardship - grounds for relief Cases Cited: Aon Risk Services Australia Ltd v ANU (2009) 239 CLR 175 GE Personal Finance v Smith (2006) NSWSC 889 Category: Procedural and other rulings Parties: Suncorp-Metway Limited (Plaintiff) Gonfanon Pty Limited (Defendant) Representation: Counsel: A Brown (In pers.)(Tennant) G.A.F Connolly (Plaintiff) Solicitors: A Brown (In pers.)(Tennant) M Reynolds (Plaintiff) File Number(s): 2011/334420 Publication restriction: Nil