Pilato v Stanizzo [2024] NSWSC 350

Supreme Court New South Wales

Medium Neutral Citation: Pilato v Stanizzo [2024] NSWSC 350 Hearing dates: 4 April 2024 Date of orders: 4 April 2024 Decision date: 04 April 2024 Jurisdiction: Common Law Before: Davies J Decision: 1. The amended defence filed 2 April 2024 is struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW). 2. Judgment for the plaintiff for possession of the land comprised in Lot 64 in Deposited Plan 250963 being the land situated at and known as 19 Peace Crescent, Balgownie, NSW 2519. 3. Leave to defendant nunc pro tunc to file the notice of motion filed 3 April 2024. 4. Defendant's Notice of Motion filed 3 April 2024 seeking a stay for the execution of writ of possession is listed for hearing before Davies J at 9:30am on 23 April 2024. Estimated hearing time = 1 hour. 5. Any evidence in response to defendant's NOM to be filed and served by 18 April 2024. Catchwords: LAND LAW – possession of land – claim by trustee in bankruptcy against the bankrupt – where trustee now registered proprietor in lieu of the bankrupt – where bankrupt recently filed proceedings in the Federal Circuit and Family Court challenging the inclusion of the land as property divisible amongst creditors – where defendant claimed declaration that he had equitable rights in the land – where such claim did not constitute a defence to the claim for possession – defence struck out – judgment given for possession Legislation Cited: Bankruptcy Act 1966 (Cth) ss 27, 116 Uniform Civil Procedure Rules 2005 (NSW) r 14.28 Cases Cited: National Australia Bank Limited v Hunter & Anor [2013] NSWSC 71 Texts Cited: Nil Category: Procedural rulings Parties: Frank Lo Pilato (Plaintiff) Vincent Francis Stanizzo (Defendant) Representation: Counsel: A Jordan (Plaintiff) A Berriman (Defendant)