Pronto Funds Pty Ltd ACN 669796847 v Zhuang

The case involved a dispute between Pronto Funds Pty Ltd, the mortgagee, and Zhuang, the mortgagor, concerning a mortgage over a property. The mortgagee sought possession of the property following a default by the mortgagor. A default judgment was entered and a writ of possession was issued. The mortgagor then applied for a stay of execution of the writ of possession. The court was required to determine whether the application for a stay should be granted and, if so, on what terms. The court also needed to consider the factors relevant to granting a stay of execution of a writ of possession.

The court considered the relevant factors for granting a stay of execution of a writ of possession. These included whether there was a reasonable prospect of the applicant succeeding on the merits, whether the applicant had acted promptly, whether the applicant had a good arguable case, and whether the applicant would suffer significant hardship if the stay was not granted. The court held that while the applicant had a good arguable case, there was no reasonable prospect of succeeding on the merits. The court also found that the applicant had not acted promptly and would not suffer significant hardship if the stay was not granted. The court held that the application for a stay of execution of the writ of possession should be refused.

The court refused the application for a stay of execution of the writ of possession in terms sought. The court held that while the applicant had a good arguable case, there was no reasonable prospect of succeeding on the merits. The court also found that the applicant had not acted promptly and would not suffer significant hardship if the stay was not granted. The court held that the application for a stay of execution of the writ of possession should be refused.