Secure Funding Pty Ltd v Stark; Secure Funding Pty Ltd v Conway

Secure Funding Pty Ltd brought an action against two defendants, Stark and Conway, seeking possession of certain land. The plaintiffs applied for writs of possession to be issued, but these writs were not executed prior to the defendants lodging an application for a stay of the writs. The defendants also sought to set aside a default judgment obtained by the plaintiffs. The matter was before the Supreme Court of New South Wales, which had to decide whether the writs of possession could be stayed and whether the default judgment should be set aside. The court considered the defendants' application for a stay of the writs of possession and the motion to set aside the default judgment. It examined the circumstances in which the writs of possession were applied for, the timing of the application for a stay, and the merits of the defendants' case. The court also assessed whether the default judgment was properly obtained and whether there were any grounds for setting it aside.

The court determined that the defendants' application for a stay of the writs of possession should be heard within three weeks. It found that the writs could be issued but not executed until the hearing of the motion for a stay. The court considered it appropriate to give the defendants an opportunity to argue their case fully before any writs of possession were executed. The court also ruled that the motion to set aside the default judgment could be heard within the same timeframe. It held that there were sufficient grounds to warrant a hearing of the motion, as the defendants had raised arguable issues that could potentially affect the outcome of the case. The court emphasised the importance of giving the defendants a fair opportunity to be heard before any final orders were made.

In conclusion, the Supreme Court of New South Wales ordered that the writs of possession could be issued but not executed until the hearing of the defendants' application for a stay. The court set a three-week timeframe for the hearing of both the stay application and the motion to set aside the default judgment. The court recognised the need to balance the rights of the plaintiffs to enforce their claims with the defendants' right to be heard on the merits of their case. The final orders would be made following the hearing of the stay application and the motion to set aside the default judgment, ensuring that all parties had the opportunity to present their arguments and evidence.