N and M Investments/Properties Pty Ltd v Yufei Bao

N and M Investments/Properties Pty Ltd sought to enforce a writ of possession against Yufei Bao, the defendant. The writ was issued following a default judgment in favour of the plaintiff for possession of a property. The defendant applied to stay the execution of the writ pending the determination of an application to set aside the default judgment. The application to set aside the default judgment was listed before the Sheriff issued the notice to vacate. The court had to decide whether the defendant’s case was unmeritorious and whether the plaintiff would suffer prejudice in delaying the sale of the property. Additionally, the court needed to consider the interests of justice and the broader context of achieving a sensible, just and practical outcome.

The court assessed the merits of the defendant’s application to set aside the default judgment, considering the curt and typically brief correspondence between the parties’ lawyers. The court observed that the defendant’s case appeared to be weak, lacking substantive arguments or evidence. The court also considered the potential prejudice to the plaintiff in delaying the sale of the property, which had already been on the market for some time. The court concluded that the plaintiff's interest in promptly concluding the sale outweighed any potential prejudice to the defendant from enforcing the writ of possession. The court emphasised the importance of achieving a sensible, just and practical outcome in the context of the broader interests of justice.

Ultimately, the court found that the defendant's application to stay the execution of the writ of possession was not in the interests of justice. The court held that the defendant’s case appeared unmeritorious, and the plaintiff’s interest in finalising the sale of the property was significant. The court denied the application to stay the writ of possession, allowing the plaintiff to proceed with enforcing the writ. This decision facilitated a prompt and efficient resolution in line with the practical and just resolution of the dispute.