Collis Finance Pty Ltd v Hertford (No. 3)

The case between Collis Finance Pty Ltd and Hertford involved an application for a stay of a writ of possession. The dispute arose from an earlier judgment in which Hertford had been ordered to pay Collis Finance a sum of money, but had failed to do so. As a result, Collis Finance sought to enforce the judgment by obtaining possession of Hertford's property. The matter was before the Supreme Court of New South Wales.

The court was required to determine whether there were any grounds upon which the writ of possession could be stayed. Collis Finance argued that the writ should be stayed due to a pending appeal, and that there were exceptional circumstances that warranted a deferral of the writ's execution. The court considered the arguments made by both parties and examined the relevant legal principles.

The court found that there was no proper basis to defer the execution of the writ. It held that the pending appeal did not constitute exceptional circumstances, and that the applicant had not demonstrated any other grounds upon which the writ could be stayed. The court emphasised that the writ of possession was an important means of enforcing judgments, and that it should not be lightly deferred. Accordingly, the application for a stay was dismissed.

The court did not make any specific orders beyond dismissing the application for a stay. The writ of possession remained in force, and Collis Finance was entitled to enforce it in accordance with the terms of the earlier judgment. Hertford was required to pay the sum of money owed to Collis Finance, and could be subject to further legal action if he failed to do so.