The Court granted leave ex parte to issue a writ of restitution where defendants re-entered mortgaged property after the sheriff had executed a writ of possession, finding the required nexus between the re-entry and the original possession order. Following the approach in ANZ v Rafferty, the Court proceeded ex parte but stayed execution of the writ for 21 days to afford the defendants an opportunity to approach the Court, and granted liberty to apply on 48 hours' notice. The Court accepted, without deciding, that the discretionary power under UCPR r 39.2 to issue writs of execution without notice to the judgment debtor may apply by analogy to writs of restitution.
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