Commonwealth Bank of Australia v Morris

[2015] NSWSC 628

Supreme Court

New South Wales

Medium Neutral Citation:	Commonwealth Bank of Australia v Morris [2015] NSWSC 628
Hearing dates:	22 May 2015
Date of orders:	22 May 2015
Decision date:	22 May 2015
Jurisdiction:	Common Law
Before:	Wilson J
Decision:	Notice of Motion is dismissed
Catchwords:	CIVIL LAW – Notice of Motion seeking stay of writ of possession
Category:	Procedural and other rulings
Parties:	Commonwealth Bank of Australia (Plaintiff) Tanya Morris (Defendant)
Representation:	Solicitors: Ms Tawil (Plaintiff) Defendant in person
File Number(s):	2013/254014

ex tempore Judgment

1. Before the court is a Notice of Motion filed by Ms Tanya Morris with the Commonwealth Bank responding to the motion. There has been quite some history in the matter and that history is before the court in the chronology provided by the Commonwealth Bank.

2. Judgment was entered against Ms Morris on 16 September 2014, the judgment permitting the bank to take possession of a property at Yass. The purchase of the property had been financed by Ms Morris through the Commonwealth Bank, but she has fallen into default of the various loans by which she financed the purchase, and the bank sought to obtain the security against its loan, which is the Yass property.

3. A writ of possession was filed on 25 September 2014 and a notice to evict was served upon Ms Morris. The eviction was scheduled for 27 November 2014. Ms Morris subsequently sought a stay of the writ and that was initially granted to her on 28 November 2014. The stay has been extended on various dates in answer to further motions filed by Ms Morris seeking a stay of the writ.

4. There have been now hearings before the registrar on 2 February 2015, 23 February 2015 and 11 March 2015. The defendant has advised the court on those occasions of plans to sell her property, which is her wish, rather than to have the property sold by the bank. On the strength of her intentions and the information she provided to the court as to pending sales, the writ has been further stayed by the register until 26 May 2015. Possession is due to be taken of the property on 26 May at 11 am.

5. Ms Morris files another motion today seeking a further stay again with the stated intention of effecting the sale of the property herself. As she has pointed out from the bar table, the sale of rural properties is very different from the sale of city properties. The market is a different market and there being less competition, sales typically generate both lower purchase prices and less competition for the purchase of properties. No doubt that has contributed to the delay in her selling the property but there does come a point when the bank is entitled to enforce the writ and to obtain payment of the outstanding debt which is owed to it.

6. Given the history of the matter and the absence of any evidence of a pending sale, whilst I am very sympathetic to Ms Morris’ position, I think the Court can no longer leave the matter pending there and, accordingly, the notice of motion is dismissed.

7. I make no order for costs.

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Decision last updated: 25 May 2015