Friend v Reavill Farm Pty Ltd

Friend brought an action seeking possession of a property from Reavill Farm Pty Ltd. The defendants sought a stay of the writ of possession, claiming that they had been unable to secure a mortgage and were relying on a broker's letter as evidence of their efforts. This was the third such application for a stay. The court had to decide whether the defendants had demonstrated sufficient grounds to warrant a further stay. The court examined the lack of certainty that the refinancing would proceed, the delay in marketing the property caused by the stay, and the prejudice to the plaintiffs. It found that the defendants had not provided new evidence to justify a further stay and concluded that the prejudice to the plaintiffs outweighed any potential benefit to the defendants. The application for a stay was refused.

The court considered the precedent set by previous cases and the principles of equity and fairness in making its decision. It noted that the defendants had relied on the same broker's letter as in previous applications, which did not provide a firm commitment for a mortgage. The court emphasised the importance of the plaintiffs' right to possess the property and the need for a final resolution of the dispute. The court also highlighted the defendants' responsibility to secure financing and the potential consequences of further delays. Given these factors, the court determined that the application for a stay should not be granted. The plaintiffs were entitled to possession of the property, and the writ of possession was to proceed.