Stacks Managed Investments Limited v Rambaldi and Cull as trustees of the Bankrupt Estate of Reinhardt [2020] NSWSC 722

Supreme Court New South Wales

Medium Neutral Citation: Stacks Managed Investments Limited v Rambaldi and Cull as trustees of the Bankrupt Estate of Reinhardt [2020] NSWSC 722 Hearing dates: 28 May 2020 Date of orders: 28 May 2020 Decision date: 28 May 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) I stay the execution of the writ of possession so that it may not be executed prior to 5:00pm on 28 June 2020 (2) I also order that the applicants on the motion, Sara Ducat and Denis Reinhardt, be added to the proceedings as the second and third defendants. Catchwords: MORTGAGES AND SECURITIES — mortgages — duties, rights and remedies of mortgagee — possession — application for stay of execution of writ of restitution — possible application of Farm Debt Mediation Act 1994 (NSW) — prospect of refinancing and hardship Legislation Cited: Bankruptcy Act 1966 (Cth), Pt 10 Div 2 Farm Debt Mediation Act 1994 (NSW), s 5 Cases Cited: GE Personal Finance Pty Ltd v Smith [2006] NSWSC 889 Category: Procedural and other rulings Parties: Stacks Managed Investments Limited (Plaintiff) Gess Michael Rambaldi and Innis Anthony Cull as trustees of the bankrupt estate of Denis Walter Reinhardt (Defendants) Sara Ducat and Denis Reinhardt (Applicants) Representation: Counsel: R Parsons (Applicants)

Solicitors: Paul Anthony Stack Lawyers (Plaintiff) O'Neill Partners (Applicants) File Number(s): 2020/35012 Publication restriction: None