Circle Bridge In the Supreme Court: A Property Case Study

December 15, 2021

Recently, Circle Bridge Legal successfully attained a stay of executing a writ for possession of land in a property matter. This case study looks at our work in this case and the comments of a Justice in the Supreme Court of NSW reflecting positively on our contribution.

Recently, in the case of Priority Lending Australia Pty Ltd v Martinsville Pty Ltd [2020] NSWSC 1889, Circle Bridge Legal successfully attained a stay of executing a writ. This writ was for possession of the land. A writ of possession is a legal document that seeks to transfer the possession of property held by one party to another party. A ‘stay’ could be thought of as a delay or an extension. By staying a writ, that transfer is delayed, allowing a party to retain possession of the property for an extended period.


Here, the defendants, represented by Circle Bridge Legal, sought to stay a writ of possession, which was due to take effect on 18 December 2020.

The case was heard before Hamill J (as Duty Judge) of the Supreme Court of NSW. Before that, on 8 December 2020, Wright J ordered to stay the execution of the writ until 18 December.

The initial writ was extended to allow our clients to refinance and avoid hardship that may face the various people living on our clients’ land.

The current case was heard on 18 December, highlighting the urgency of our client’s matter. Had it not been for Circle Bridge Legal, the writ of possession would have been actioned, and our clients would have lost possession on the day of judgment.

Our Advocacy:

We argued that the debt of approximately $2 million was significantly higher than a contract of sale for the land at $1.2 million. Selling the land would have represented a massive shortfall to meet the debtor obligations. The court acknowledged that this argument swayed in favour of an extension.

Moreover, we successfully demonstrated that our clients were using other parcels of land as security for refinancing. Given one of the bases for the previous staying of the writ was our client’s commitment to refinancing, we successfully argued an extension on that basis.

Furthermore, alongside our client’s willingness to refinance, Circle Bridge Legal successfully raised that families living on the clients’ property would face severe health risks and hardships if the writ was executed.

Our Success:

As the result of our arguments, we successfully argued for a stay of the writ, or in other words, postponed the execution of the transfer of possession.

An impeccable reputation:

For the same matter, we also acted in a second case to set aside a default judgment of over $1 million. This matter was heard by Adamson J of the Supreme Court of New South on 14 July 2021. The judge highlighted and acknowledged Circle Bridge Legal’s reputation and impeccable client service. In paragraph [38], her Honour noted, “Circle Bridge acted quickly to bring on the application for a stay and to file a notice of motion to set aside the default judgment.”

Furthermore, in paragraph [39], the court acknowledged that had Circle Bridge Legal been instructed instead of our clients’ previous solicitor, we would have successfully raised a defence on time that would have avoided the need to set aside a default judgment.

From assisting our clients in need of support to being recognised for our exceptional legal advocacy in the Supreme Court, Circle Bridge Legal has continued to reach new heights. Our success, in this case, is one of many victories, and Circle Bridge Legal prides itself on delivering legal solutions. If you require legal assistance, get in touch with us, and we will endeavour to support you.

If you need legal assistance regarding your property matter, get in touch with us to see how we can assist you. 

About Us

Circle Bridge Legal is a leading Western Sydney law firm at the heart of Australia’s next growth engine. Located in the hub of activity generated by Sydney’s upcoming second international airport [Western Sydney International (Nancy-Bird Walton) Airport], our ambitions are as grand as our region’s.

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