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A debtor can delay a Writ for Possession of Land in NSW by supplying an affidavit to the court with supporting documentation such as;
(a) where the loan is to be refinanced – proof of steps undertaken to refinance;
(b) where the subject property is to be sold – copies of agent sale agreements, contract for sale of property, advertisements, etc.;
(c) where the proceedings are to be defended – a draft Defence; and
(d) where hardship is claimed - the facts and circumstances relied upon in this regard.
A Registrar will then review the documentation lodged and if a stay is granted, record the reasons. The court will then notify the Sheriff.