Structural Projects Holdings Pty Ltd v Balakrishnan

[2016] NSWSC 458

Supreme Court

New South Wales

Medium Neutral Citation:

Structural Projects Holdings Pty Ltd v Balakrishnan [2016] NSWSC 458

Hearing dates:

1 April 2016

Date of orders:

01 April 2016

Decision date:

01 April 2016

Jurisdiction:

Common Law

Before:

Wilson J

Decision:

(1) The matter is adjourned until 7 April 2016 before the Duty Judge at 10 am for further mention.

 

(2) I extend Order 2 of Harrison J of 31 March 2016 until 4 pm on 7 April 2016.

 (3) I note Mr Janoyan’s undertaking to contact the defendant’s agent via email and advise the agent of the orders made by the Court today and, in particular, the fact that the matter is listed for further mention on 7 April 2016.

Catchwords:

PROCEDURE – civil – stay of execution of writ of possession

Category:

Procedural and other rulings

Parties:

Structural Projects Holdings Pty Ltd (Plaintiff)
Mohan Balakrishnan (Defendant)

Representation:

Citilawyers (Plaintiff)

File Number(s):

2016/98183

Publication restriction:

None

EX TEMPORE JUDGMENT

1. On 31 March 2016, Harrison J made interim orders in his capacity as the Duty Judge which granted, amongst other things, a stay of execution by the defendant through, either itself, its servants or its agents, of a warrant for possession, or cognate process to recover possession, of property at 2 Summit Place, Strathfield.

2. His Honour’s orders were that the plaintiff, Structural Projects Holdings Pty Ltd, through their agent representative Benjamin Webb, were to pay to the defendant’s agent the sum of $19,550.

3. Filed in court this morning in accordance with his Honour’s orders, is a receipt annexed to the affidavit of Benjamin Michael Webb sworn today, 1 April 2016. Mr Webb deposes that he has transferred by electronic means the sum of $19,550 to the defendant, and a receipt for that payment is annexed to the affidavit.

4. I am advised from the bar table, and indeed it is consistent with Mr Webb’s affidavit, that Mr Janoyan, who now acts for Mr Webb, has made contact with the defendant’s agent. The agent has confirmed receipt of the process which his Honour gave leave to the plaintiff to file and serve and is, it would appear, desirous of some short period to permit the agent to contact the defendant and obtain some instructions.

5. The outstanding sum having been paid in accordance with his Honour’s orders, I make the following orders:

1. The matter is adjourned until 7 April 2016 before the Duty Judge at 10am for further mention.

2. I extend Order 2 of Harrison J of 31 March 2016 until 4 pm on 7 April 2016.

3. I note Mr Janoyan’s undertaking to contact the defendant’s agent via email and advise the agent of the orders made by the Court today and in particular, the fact that the matter is listed for further mention on 7 April 2016.

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Decision last updated: 18 April 2016