[2017] NSWSC 1128

Barclay Finance Pty Ltd v Manning (No 2)

The writ of possession of the subject land is to be stayed up to and including 5:00 pm on 21 August 2017.

Catchwords

CIVIL PROCEDURE – mortgages and securities – possession – application for stay of writ of possession – hardship

Legislation cited

Civil Procedure Act 2005 (NSW) § 135

Judgment

[1]
On 16 August 2017 this matter was listed before me for Directions and survey of the progress of compliance orders made by me on 10 August 2017 that comprised the conditions of the stay of writ of possession I granted on that day. A further affidavit of the first defendant Robert James Bartholomew Manning sworn on 14 August 2017 was tendered which deposed to the financial situation of the family regarding income, assets and weekly expenditure. It also updated the position regarding progress of the sale of the property the subject of the writ of possession.
[2]
I was informed by Counsel for the plaintiff and Counsel for the first defendant that there had been substantial progress towards a consent position for the ongoing management of the stay of the writ of possession.
[3]
I was informed that there was change to some of the wording of the proposed consent position and that as Counsel for the first defendant, was not instructed to appear for the second defendant, a final position regarding that change of wording was unable to be reached, the second defendant not being present in Court.
[4]
Accordingly and with the agreement of Counsel I stood the matter over to Friday, 18 August for the second defendant to be consulted. I also made further orders extending the stay.
[5]
Orders were made as follows:
1. (1)
  The writ of possession of the subject land be stayed up to and including 5:00 pm on 21 August 2017.
2. (2)
  Under s 135(2)(b) of the Civil Procedure Act 2005 that the sheriff take no further action to enforce the writ up to and including 5:00 pm on 21 August 2017.
3. (3)
  The defendants are to serve upon the plaintiff any further affidavit evidence and submissions upon which they rely on or before 2:00 pm on Friday, 18 August 2017.
4. (4)
  The matter is listed before me for further directions on Friday, 18 August 2017 at 3:00 pm.