Commonwealth Bank of Australia v Roskott (No.2) [2014] NSWSC 1093

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Roskott (No.2) [2014] NSWSC 1093 Hearing dates: 29/07/2014 Decision date: 29 July 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) Dismiss the Notice of Motion filed on 23 July 2014; (2) Refuse to grant a stay of the Writ of Possession; (3) Order the applicants/defendants to pay the plaintiff/respondents' costs of the Notice of Motion. Catchwords: PROCEDURE - civil - judgments and orders - stay pending appeal; application for - MORTGAGES - default - Bill of Exchange defence struck out - default judgment for respondent - no application to set aside default judgment - no application to file further defence - sheriff to execute Writ of Possession - whether in the interests of justice to stay default judgment and orders pending appeal - whether appeal has reasonable prospects of success - balance of convenience Cases Cited: Commonwealth Bank of Australia v Roskott [2014] NSWSC 246 Rural Bank Limited v Lloyd (2013) NSWSC 1214 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia (Plaintiff/Respondent) Jan Eduard Roskott (Applicant/Defendant 1) Adriana Maria Antonia Dirckx (Applicant/Defendant 2) Representation: Counsel: R Lewin (Plaintiff/Respondent) In person (Applicant/Defendant 1) In person (Applicant/Defendant 2) Solicitors: Gadens Lawyers (Plaintiff/Respondent) File Number(s): 2013/00148708