Gustin Group Pty Limited v Phoenicia Trading Pty Ltd [2015] NSWSC 1071

Supreme Court New South Wales

Medium Neutral Citation: Gustin Group Pty Limited v Phoenicia Trading Pty Ltd [2015] NSWSC 1071 Hearing dates: 28 July 2015 Date of orders: 28 July 2015 Decision date: 28 July 2015 Jurisdiction: Common Law Before: Hamill J Decision: 1. The execution of the writ of possession in respect of the property at 8 Illarangi Street, Carlingford ("the property"), is stayed on the following conditions:- (a) the second defendant, or to be clear Donald Alexander Gilmour G-I-L-M-O-U-R is to list the property which is comprised in certificate of title 34/29030 for sale by auction with the auction to take place on or before 12 September 2015; (b) that the second defendant, that is Donald Alexander Gilmour G-I-L-M-O-U-R is to instruct his solicitor to consult with the plaintiff's solicitor as to the reserve price for the sale of the property. In the absence of agreement with the plaintiff as to a reserve price, to set a reserve price of 1.1 million dollars. (c) The costs of and incidental to the notice of motion are to be paid by the second defendant to be clear Donald Alexander Gilmour G-I-L-M-O-U-R. Catchwords: CIVIL LAW – stay of writ of possession – short term loan – misspelling of name of registered proprietor – generous interest rates Cases Cited: GE Personal Finance Pty Limited v Smith [2006] NSWSC 889 Category: Principal judgment Parties: Gustin Group Pty Limited (Respondent – Plaintiff) Phoenicia Trading Pty Ltd (First Defendant) Donald Alexander Gilmour (Applicant – Second Defendant) Representation: Counsel: N Newton (Applicant) M Tovey (Respondent)