Secure Funding Pty Ltd v Earley

Secure Funding Pty Ltd sought a writ of possession of residential property against the Earley family. The Earleys applied to the court to stay the writ of possession on the day before eviction was scheduled, citing hardship due to their son's disability and the inability to find alternative accommodation. The Earleys had not paid any money towards the judgment since it was handed down, despite their means to do so. The court was required to determine whether a short stay of the writ should be granted and the basis upon which it could do so.

The court considered the hardship faced by the Earleys due to their son's disability and the difficulties in finding alternative accommodation. However, the court also noted that the application was made the day before the eviction was scheduled, with no explanation for the delay. The court held that, in the absence of evidence that suitable accommodation would become available, a short stay of the writ was appropriate. The court granted the stay, recognising the hardship faced by the family but emphasising the importance of adhering to court-ordered timelines.

The court granted a short stay of the writ of possession, acknowledging the hardship faced by the Earley family. The court stressed the need for promptness in such matters but recognised the exceptional circumstances in this case. The court noted that the stay was not intended to be indefinite and would be reviewed if the situation changed.

No final orders were made in the text provided. The stay of the writ of possession was granted on the basis that it would be reviewed if the situation changed.