RHG Mortgage Corporation Ltd v Saunders [2016] NSWSC 1037

Supreme Court New South Wales

Medium Neutral Citation: RHG Mortgage Corporation Ltd v Saunders [2016] NSWSC 1037 Hearing dates: 25 July 2016 Date of orders: 25 July 2016 Decision date: 25 July 2016 Jurisdiction: Common Law Before: Garling J Decision: Upon the following conditions, namely that:

(a) the defendant pay to the plaintiff on or before midnight on the Tuesday of each week commencing 2 August 2016, a sum of money not less than $500 by depositing cleared funds to the credit of the loan account in the defendant's name with the plaintiff being loan account no: 704283367516A; and

(b) the defendant is to take all reasonable steps to cause or enable an application for leave to appeal against the judgment and orders of Harrison AsJ made on 6 July 2016 to proceed expeditiously;

I make the following orders, until further order, or the final disposition of the application for leave to appeal to the Court of Appeal from the judgment of Harrison AsJ of 6 July 2016, namely that:

(1) the plaintiff by itself, its employees and agents is restrained from marketing, selling or otherwise dealing with land comprised in folio identifier 20/3/8123 and known as 9 Railway Street, Branxton NSW 2335; and

(2) the default judgment entered in favour of the plaintiff against the defendant by the Court on 2 December 2015, be stayed.

(3) Reserve all question of costs. Catchwords: PRACTICE AND PROCEDURE – civil – Notice of Motion seeking orders restraining the plaintiff from dealing with property and staying a default judgment for the plaintiff pending an appeal to the Court of Appeal – whether the points to be raised on appeal are reasonably arguable – whether the balance of convenience favours making the orders Legislation Cited: Civil Procedure Act 2005 National Credit Code 2009 Uniform Civil Procedure Rules 2005 Cases Cited: RHG Mortgage Corporation Limited v Saunders [2016] NSWSC 929 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: RHG Mortgage Corporation Ltd (P) Gregory Saunders (D) Representation: Counsel: W A Smith (P) C Wood / J B B Pearson (D)