Maksacheff v Commonwealth Bank of Australia

[2017] NSWCA 76

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Stay of enforcement orders pending appeal
4. › Whether stay should be granted
5. › No basis shown for stay where mortgagee in possession and contract of sale entered into
6. › Civil Procedure Act 2005 (NSW), s 64
1. Real Property
2. › Mortgages
3. › Mortgagee in possession
4. › Enforcement of writ of restitution
5. › Application to stay enforcement and restore possession to mortgagor
6. › Whether stay warranted where mortgagee had contracted to sell to third party

Quick Take

A stay of enforcement orders pending appeal will not be granted where the applicant's material discloses no basis for a stay, restraining orders remain in force, the applicant has a history of unlawfully retaking possession, and the mortgagee has entered into a contract of sale with a third party.

Case Details

Citation[2017] NSWCA 76

CourtNSWCA

JurisdictionNew South Wales

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Relies on3

2017Commonwealth Bank of Australia v MakascheffNSWSC 22
2016Commonwealth Bank of Australia v Maksacheff (No 2)NSWSC 1586
2015Commonwealth Bank of Australia v MaksacheffNSWSC 1860

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