Perpetual Trustee Company Limited v Madormo

The case involved Perpetual Trustee Company Limited as the plaintiff and Madormo as the defendant. The dispute centred around the enforcement of a writ of possession in relation to certain land. The matter was heard in the Federal Court of Australia. The plaintiff sought to enforce a writ of possession, while the defendant applied for a stay of execution, marking the fifth such application.

The legal issues before the court included whether the defendant had demonstrated any new or significant circumstances that warranted a stay of execution, and if the repeated applications for stays had any bearing on the court's decision. Additionally, the court needed to determine whether the defendant's circumstances had changed or if there were any new grounds for relief that had not been previously considered.

The court found that the defendant had not demonstrated any new or significant circumstances that warranted a stay of execution. It was noted that the defendant had made multiple applications for a stay, which the court had previously considered and denied. The court emphasised that the defendant's circumstances had not changed, and the repeated applications did not present new grounds for relief. Consequently, the court dismissed the defendant's application and refused to suspend the operation of the writ of possession. The court made orders that the writ of possession should be enforced, and the defendant was required to vacate the property within the specified timeframe.