Jetobee Pty Limited (in liq) v Smith & Young Pty Limited [2016] NSWSC 5

Supreme Court New South Wales

Medium Neutral Citation: Jetobee Pty Limited (in liq) v Smith & Young Pty Limited [2016] NSWSC 5 Hearing dates: 18, 19 January 2016 Date of orders: 19 January 2016 Decision date: 19 January 2016 Jurisdiction: Common Law Before: Lindsay J Decision: Defendant's notice of motion dismissed with costs. Catchwords: WRIT OF POSSESSION – application for stay of execution of writ – where defendant has entered into contract for sale of land – where completion of sale would satisfy plaintiff's mortgage debt – where plaintiff doubts whether contract will be completed in timely fashion or at all – where defendant has not initiated appeal against judgment granting possession – where no reasonable or articulated ground for appeal – where plaintiff has not consented to sale on terms negotiated by defendant – where defendant has offered undertakings as to sale – where plaintiff has maintained objection to stay – held, continuation of stay refused. Legislation Cited: - Cases Cited: GE Personal Finance Pty Limited v Smith [2006] NSWSC 889 Jetobee Pty Ltd (in liquidation) v Smith & Young Pty Ltd (No 3) [2015] NSWSC 1526 Texts Cited: - Category: Principal judgment Parties: Jetobee Pty Ltd (in liquidation) ACN 002 714 776 (plaintiff/respondent) Smith & Young Pty Ltd ACN 112 202 758 (defendant/applicant) Representation: Counsel: J Foley (solicitor) (plaintiff/respondent) D Allen (defendant/applicant)

Solicitors: Gadens Lawyers (plaintiff/respondent) Church & Grace Lawyers (defendant/applicant) File Number(s): 2015/00067958