Rubino v Pineview Property Holdings Pty Ltd (No 8); Wyse Accounting Pty Ltd v Lee Rubino as executor of the estate of the Late Alfio Rubino [2021] NSWSC 1028

Supreme Court New South Wales

Medium Neutral Citation: Rubino v Pineview Property Holdings Pty Ltd (No 8); Wyse Accounting Pty Ltd v Lee Rubino as executor of the estate of the Late Alfio Rubino [2021] NSWSC 1028 Hearing dates: 13 August 2021 Date of orders: 13 August 2021 Decision date: 13 August 2021 Jurisdiction: Equity Before: Parker J Decision: See [47]-[48] Catchwords: CIVIL PROCEDURE – application by judgment debtor to stay enforcement of judgments – where judgment debtor contends that judgment creditor no longer has any outstanding liability to mortgagee bank as a result of four deeds of settlement – judgment in favour of judgment creditor independent of whether it has any outstanding liability to the bank – stay refused CIVIL PROCEDURE – application to amend statement of claim – plaintiff has no interest in the substantive rights and obligations as between the parties against whom orders are sought – abuse of process – proceedings dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 67, 135 Conveyancing Act 1919 (NSW), s 12 Cases Cited: Dimitriou v Pineview Property Holdings Pty Ltd [2020] FCAFC 218 Rubino v Pineview Property Holdings Pty Ltd [2016] NSWSC 904 Rubino v Pineview Property Holdings Pty Ltd [2016] NSWSC 1780 Rubino v Pineview Properties Pty Ltd (No 6) [2018] NSWSC 340 Rubino v Pineview Properties Pty Ltd (No 7) [2019] NSWSC 1031 Category: Procedural rulings Parties: 2013/301976 Wyse Accounting Pty Limited (Applicant) Pineview Property Holdings Pty Limited (First Respondent) Susan Elizabeth Huybers (Second Respondent)