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Temporary stay granted on enforcement of property disposal to allow respondents pursue social housing application
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The High Court considered an application by two respondents seeking to stay the enforcement of an order requiring the sale of their family home, which had previously been determined to represent the proceeds of crime. The respondents sought to pause the disposal of the home to allow them to apply for admission to a social housing scheme, potentially allowing them to remain as tenants rather than being evicted. The court acknowledged significant delays and criticism on both sides—the statutory body failed for years to enforce its order, while the respondents delayed in seeking relief and putting forward adequate evidence. The judge ultimately granted a temporary stay on enforcement, conditional on the respondents paying monthly rent, to allow their application to proceed to a prompt and final hearing. The court made clear that any further stay would require diligent progress and that the matter would be resolved on its factual and legal merits, rather than being summarily dismissed on procedural grounds.
proceeds of crime – interlocutory order – social housing scheme – stay of enforcement – Criminal Assets Bureau – mortgage-to-rent scheme – application to vary order – delay – rent payment as condition – disproportionate hardship – Henderson v Henderson (issue estoppel) – judicial discretion – procedural fairness – Proceeds of Crime Act 1996
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