NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: N & M Investments/Properties Pty Ltd v Yufei Bao [2019] NSWSC 1142 Hearing dates: 29 August 2019 Decision date: 02 September 2019 Jurisdiction: Common Law Before: Hamill J Decision: (1) Stay the execution of the writ of possession until the resolution of the defendant's notice of motion to set aside default judgment. (2) The plaintiff is to pay the defendant's costs of and incidental to the notice of motion. Catchwords: CIVIL LAW – application to stay execution of writ of possession – where pending application to set aside default judgment for possession – typically curt correspondence between lawyers – where application listed before Sheriff issued notice to vacate – whether defendant's case unmeritorious – prejudice to plaintiff in delaying sale of property – interests of justice – sensible, just and practical world Cases Cited: Allesch v Maunz (2000) 203 CLR 172; [2000] HCA 40 Capital Securities XVII Pty Ltd v Martinovic [2019] NSWSC 1062 Magnate Projects Pty Ltd v Youma Constructions (No 2) Pty Ltd [2005] NSWCA 331 Nibar Investments Pty Ltd v Manikad Pty Ltd [2014] NSWSC 920 Category: Principal judgment Parties: N & M Investments/Properties Pty Ltd Yufei Bao Representation: Counsel: A W Smith; E Keynes (Plaintiff) J Polese (Defendant)
Solicitors: Summer Lawyers (Plaintiff) SHL & Associates Lawyers (Defendant) File Number(s): 2019/00161449 Publication restriction: Nil
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