Nichols Constructions Pty Ltd v Elphick (No 3) [2016] NSWSC 818

Supreme Court New South Wales

Medium Neutral Citation: Nichols Constructions Pty Ltd v Elphick (No 3) [2016] NSWSC 818 Hearing dates: 16 June 2016 Date of orders: 20 June 2016 Decision date: 20 June 2016 Jurisdiction: Common Law Before: McCallum J Decision: Application to stay execution of writ of possession refused Catchwords: PROPERTY – proceedings for possession – application by husband of mortgagor for stay of execution of writ – where proceedings settled at mediation on terms that mortgagor would consent to possession if payment not made by nominated date – where husband undertook at the mediation not to make any claim to any interest in the property – husband subsequently making claim to an interest in the property – whether stay should be granted pending determination of that claim Cases Cited: Aboriginal Housing Co Ltd v Munro [2015] NSWSC 1155 DKLR Holding Co (No 2) Pty Ltd v Commissioner of Stamp Duties [1980] 1 NSWLR 510 Horrobin v Australia and New Zealand Banking Group Ltd (1996) 40 NSWLR 89 Nichols Constructions Pty Ltd v Elphick [2015] NSWSC 940 Nichols Constructions Pty Ltd v Elphick [2015] NSWSC 1732 Yeshiva Properties No 1 Pty Ltd v Lubavitch Mazal Pty Ltd (No 3) [2003] NSWSC 752 Category: Procedural and other rulings Parties: Nichols Constructions Pty Ltd (Plaintiff) Vickie Maree Elphick (Defendant) Ken Elphick (applicant) Representation: Counsel: AJ McInerney SC, D Macfarlane (Plaintiff) T Hall (Defendant)