Collis Finance Pty Ltd v Hertford (No. 3) [2016] NSWSC 618

Supreme Court New South Wales

Medium Neutral Citation: Collis Finance Pty Ltd v Hertford (No. 3) [2016] NSWSC 618 Hearing dates: 10 May 2016 Date of orders: 10 May 2016 Decision date: 10 May 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the defendants' Notice of Motion filed on 9 May 2016 for a stay of the writ of possession. Catchwords: PRACTICE AND PROCEDURE – application for stay of writ of possession – no proper basis to defer execution of writ – application dismissed Cases Cited: Collis Finance Pty Ltd v Hertford [2016] NSWSC 149 Collis Finance Pty Ltd (No. 2) [2016] NSWSC 192 Category: Principal judgment Parties: Collis Finance (Plaintiff) Terrence Patrick Hertford (First Defendant) Elizabeth Smith Hertford (Second Defendant) Representation: Counsel: D Fleming (Plaintiff) D Hertford (by leave on behalf of First and Second Defendants)

Solicitors: Pigott Stinson (Plaintiff) File Number(s): 2015/310165

Judgment

Introduction 1. By notice of motion filed on 9 May 2016, Terrence and Elizabeth Hertford, the defendants, seek a stay of a writ of possession for a period of four weeks. Terrence Hertford, junior, their son (Mr Hertford) sought leave to appear on their behalf at the hearing of the application in the Duty list on 10 May 2016. 2. Collis Finance Pty Ltd, the plaintiff, opposed leave being granted to Mr Hertford to appear on behalf of his parents and opposed the stay. I allowed Mr Hertford to adduce evidence and make submissions in support of the defendants' stay application. 3. At the conclusion of the hearing on 10 May 2016 I refused the stay and ordered the defendants to pay the plaintiff's costs of the stay application. What follows are my reasons for these orders.