NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Capital Securities XVII Pty Ltd v Martinovic [2019] NSWSC 1062 Hearing dates: 15 and 16 August 2019 Date of orders: 16 August 2019 Decision date: 16 August 2019 Jurisdiction: Common Law Before: Fagan J Decision: Application for stay of writ of execution refused Catchwords: PRACTICE AND PROCEDURE - claim for possession of land following mortgage default - order for possession - writ of execution issued - application for write of execution to be stayed - health issues - stay refused Legislation Cited: Australian Securities and Investment Commission Act 2001 (Cth) Contracts Review Act 1980 National Consumer Credit Protection Act 1990 Cases Cited: Capital Securities XV Pty Ltd v Calleja No 3 [2018] NSW SC 1501 Dasreef Pty Limited v Hawchar [2011] 243 CLR 588, [2011] HCA 21 Ford v Perpetual Trustee Victoria Limited (2009) NSWLR 42, [2009] NSWCA 186 Makita (Australia) Pty Limited v Sprowles (2001) NSWCA 305, 2001 52 NSWLR 75 Owners of Strata Plan 57164 v Yau [2017] NSWCA 341 Category: Procedural and other rulings Parties: Capital Securities XVII Pty Ltd - plaintiff Vasilija Martinovic - defendant Representation: Counsel: M Young - plaintiff N Obrart - defendant
Solicitors: Summer Lawyers - plaintiff Koutzoumis Lawyers - defendant File Number(s): 2017/336313 Publication restriction: No
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