Australia, Feb. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Jan. 9:

1. This matter came before me today as Duty Judge. The appellant seeks a stay relating to a judgment delivered earlier today by Dhanji J, who refused to grant a further stay which the appellant had previously obtained to prevent the execution of a writ of possession in respect of his property, which is situated in Troy St, Emu Plains.

2. I shall provide a broad outline of the history of the matter.

3. 16 April 2024 - Plaintiff, as first mortgagee, sought a writ of possession of the then defendant's land and recovery of a mortgage debt in the sum then of $560,513.07.

4. 25 June 2024 - Registrar made an order that the defendant give possession of the property to the plaintiff mortgagee and ordered the defendant to pay the plaintiff $569,646.93. The second mortgagee is Vivian Locke Capital Pty Ltd.

5. 26 August 2024 - Orders made authorising the sheriff to enter the property, with the eviction scheduled for 1 November 2024 at 9:00am.

6. 31 October 2024 - Registrar Shulka ordered stay of the writ of possession until 11 November 2024 and directed that any extension for a further stay should be made by the defendant filing a notice of motion and affidavit in support by 5:00pm on 1 November 2024.

7. 11 November 2024 - Registrar Hedge directed that the defendant was to file and serve any further evidence regarding the defendant's stated intentions to refinance the two mortgages in support of an extension of the stay by 18 November 2024, and the plaintiff was to file any evidence too by that date. The matter was adjourned to 18 November and the writ of possession was stayed until 5:00pm on that day.

8. 18 November 2024 - Registrar Hedge heard the matter. There was no appearance by the defendant and, noting that no further evidence had been provided, no further stay was granted. The defendant's notice of motion filed 31 October 2024 was otherwise dismissed.

9. 13 December 2024 - The matter came before Coleman J in circumstances where the sheriff was to execute the writ of possession on 16 December 2024 at 10:00am. Coleman J ordered that the execution of the writ of possession be stayed until 19 December 2024, primarily because his Honour considered that even if the plaintiff took possession on 16 December 2024, it would not be able to take any steps to sell the property until January or February 2025. His Honour also told the defendant that he needed to progress his refinancing proposals. Both parties appeared on this occasion. Affidavits were read by both parties. Coleman J delivered ex tempore reasons for judgment, which I have reviewed, including the summary of the defendant's refinancing proposals. It is evident from the Court File that the defendant's plans to refinance the mortgages date back as far as April 2024. Coleman J listed the matter for hearing on 19 December 2024.

10. 19 December 2024 - The matter came again before Coleman J. There was no appearance by the defendant. No further order was made and the Court indicated that the stay of the writ of possession would expire at 5:00pm on 19 December 2024. The transcript of the hearing, which I have reviewed, records the defendant having previously told Coleman J (presumably on 13 December 2024) that he was intending to retain a solicitor to assist him and also to refinance both mortgages, but no further evidence was provided to Coleman J on these matters.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1944db48521504cb3c82ca49)

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