Weston (Trustee) v Sanna (No 3)

Weston (Trustee) v Sanna (No 3) involved an application for a stay of execution of a writ of possession, which was dismissed by the Federal Court. The dispute centred on the occupation of the Copacabana Property by Mr Sanna, despite orders for the property to be transferred to the Trustee and for Mr Sanna to vacate the property. The Trustee sought a writ of possession, which was issued on 17 September 2020 and due for execution in two days at the time of the hearing. Mr Sanna applied for a stay of execution, which was dismissed by the court.

The court had to decide whether to exercise its discretion to grant a stay of the execution of the writ of possession, considering the interests of all parties involved, including Mr Sanna, the Trustee, the creditors, and the caveators. The court considered the long history of the proceedings, the orders made in June 2020 to facilitate the sale of the property and Mr Sanna's vacation, and the lack of evidence that a stay would assist Mr Sanna in any way. The court also noted that Mr Sanna had had ample time to arrange his affairs and vacate the property, and that the amount secured against the property had increased significantly during this time due to Mr Sanna's failure to make payments on the Westpac Loan.

The court dismissed the application for a stay of execution, noting that the evidence did not indicate how a stay would result in any different outcome for Mr Sanna. The court also noted that there was no evidence of any further revised offer to the Trustee for the purchase of the property, that a short adjournment would alleviate the current practical problems Mr Sanna was facing in finding alternative accommodation, or that a stay of approximately two months would assist Mr Sanna's current medical condition. The court concluded that it did not propose to accede to Mr Sanna's application for a stay of the execution of the writ of possession.

The court made an order dismissing Mr Sanna's interim application filed on 27 October 2020 and an order that Mr Sanna pay the costs of that application of the parties participating in today's hearing. The court also granted access to all parties to the documents produced by Westpac Banking Corporation.