Guidance for mortgagees on applications to stay evictions

On 10 June 2014, His Honour, Justice Bellew, handed down a decision in the Supreme Court of New South Wales in proceedings Australia and New Zealand Banking Group Limited v Huybers & Anor [2014] NSWSC 720.

The case provides guidance on two issues which concern mortgagees, namely:

1. where there has been delay on the part of a person bringing an application for a stay on an eviction; and
2. where an allegation of fraud is made against a mortgagee.

Kemp Strang acted for ANZ in the case.

Background

The proceedings were commenced by ANZ in April 2013 against Ms Huybers, a company known as Pineview Property Holdings Pty Ltd (Pineview) and a further company of which Ms Huybers was the sole director. The proceedings sought possession of two adjoining properties in Galston (Galston Properties) as well as judgment for certain debts.