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

1. HIS HONOUR: Dion Belcastro (to whom I will refer as "the applicant") made contact with my Associate after hours yesterday evening. That contact was made on the basis that I am currently the Duty Judge. In the course of a telephone conversation with my Associate, Mr Belcastro explained that he was due to be evicted from his house today and was, as a result, seeking a stay of execution of the writ of possession.

2. The applicant in that telephone communication indicated that he required a stay until this Friday, 10 January 2025, in order to undertake a scheduled medical procedure, after which he would be in a position to argue the matter more fully. The effect of the stay until Friday 10 January would have been to put back the scheduled eviction. In the ordinary course of events, it is unclear as to when a further eviction would be scheduled but it is likely that it would have to be some time after the temporary stay sought.

3. In the circumstances, arrangements were made to list the matter on an urgent basis before me at 8am this morning. The solicitor for the plaintiff in the proceeding was contacted. The Court is grateful for the attendance of Ms Nagam at what was very short notice.

4. The matter has something of a history in this Court. The plaintiff is the mortgagee in respect of a property at which the applicant presently resides, he being the mortgagor. It appears that the applicant has been in default on the mortgage, a matter which I do not understand to be disputed. The plaintiff filed a statement of claim on 16 April 2024 seeking possession of the property and judgment with respect to the debt, together with interest and fees in accordance with the loan.

5. On 25 June 2024, default judgment was obtained by the plaintiff.

6. On 26 August 2024, the plaintiff was granted a writ of possession.

7. Subsequent to this, the applicant on 31 October 2024 filed a notice of motion seeking a stay of execution of the writ of possession. That matter came before the Registrar and a stay was granted, according to the Court record, until 5pm on 11 November 2024. That record may be in error. The matter was next before the Court on 18 November 2024, and it seems likely that on 11 November the stay would have been ordered to operate until that next date, that is 18 November 2024. Whatever be the case, on 18 November 2024, the record indicates that no further evidence was filed. There was no appearance of the applicant and the applicant's motion seeking a stay was dismissed.

8. On 13 December 2024, a further application for a stay was made by notice of motion with a supporting affidavit apparently prepared by the applicant. That affidavit set out a number of circumstances and annexed various documents. A temporary stay was granted by Coleman J until 19 December 2024 at 5pm with the matter to be listed for hearing before his Honour on 19 December 2024. On that date, it seems there was no attendance by the applicant. His Honour indicated that no further order was made with the result that the stay expired at 5pm on 19 December 2024.

9. It seems that nothing has been done by the applicant subsequent to that time until, as I have said, yesterday evening. The applicant has today indicated that he did not attend on 19 December 2024 as a result of a break in to the garage at the property.

10. In the course of the applicant's contact with my Associate last night, given the urgent nature of the application, he was told that an urgent listing would be granted at which he could seek leave to file a further notice of motion. The applicant has not produced any further motion or affidavit evidence. In the circumstances, the proceeding continued with what might be described as a significant degree of informality.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19466dd072c77a84616ca76f)

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