Mango Capital Pty Ltd v Rehal

Mango Capital Pty Ltd, the plaintiff, sought a writ of possession against Rehal, the defendant, for non-payment of rent. The case was heard in the Supreme Court of Queensland. The primary dispute centred on the enforceability of the writ in light of the defendant's inability to vacate the premises due to a positive COVID-19 test and the requirement to isolate. The court had to determine whether the defendant's health situation constituted a practical impossibility to execute the writ of possession, and if so, whether a stay of execution was warranted.

The legal issues before the court involved the interpretation of the writ of possession, the circumstances under which a writ could be stayed, and the extent to which personal health issues could be considered in the enforcement of such a writ. The court needed to balance the plaintiff's right to possession of the property against the defendant's health-related inability to vacate the premises.

The court found that the defendant's positive COVID-19 test and the need to isolate created a practical impossibility to vacate the premises as required by the writ. This health situation was deemed a significant impediment that rendered the execution of the writ impracticable. Consequently, the court granted a stay of execution of the writ and made an additional direct order for the defendant to vacate the premises. The stay was intended to provide the defendant with a reasonable period to comply with the isolation requirements and vacate the premises, thus balancing the interests of both parties.