Romiz Constructions v Byrnes

Romiz Constructions filed an application against Byrnes, seeking a writ of possession following the defendant mortgagor's failure to repay the balance owed under a mortgage. The application came before the court following Byrnes' unsuccessful application for a stay of execution. The primary issue before the court was whether the defendant's repeated failure to pay the outstanding balance on time justified the enforcement of the writ of possession, despite the presence of some evidence suggesting that sufficient funds might have been available to pay out the amount owing.

The court considered the circumstances surrounding the defendant's failure to pay the balance on time, noting that there had been multiple instances of late payment. While acknowledging the unsatisfactory nature of the evidence provided regarding the availability of funds to pay out the amount owing, the court found that the defendant's repeated failure to meet payment deadlines warranted the enforcement of the writ of possession. The court emphasised the importance of upholding the terms of the mortgage agreement and the need to protect the rights of the mortgagee in such situations.

In light of the foregoing, the court dismissed Byrnes' application for a stay of execution. The court held that the defendant's repeated failure to pay the outstanding balance on time justified the enforcement of the writ of possession, despite the unsatisfactory nature of the evidence regarding the availability of funds to pay out the amount owing. The court ordered that the writ of possession be executed, allowing Romiz Constructions to take possession of the property in question.