NSW Caselaw
New South Wales Supreme Court
CITATION : Visnic v Sywak & Ors [2007] NSWSC 918
HEARING DATE(S) : 31 July 2007 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 31 July 2007
DECISION : Stay refused. Direction given to liquidator that certain assets not be sold without notice and that there be no distribution pending the appeal.
CATCHWORDS : PROCEDURE – Stays – stay pending appeal – winding up order
LEGISLATION CITED : (NSW) Civil Procedure Act 2005
CASES CITED : Visnic v Sywak & Ors [2007] NSWSC 701 Visnic v Sywak & Ors [2007] NSWSC 823
Milan Visnic (plaintiff) Peter Orest Sywak (first defendant) PARTIES : Adellos Pty Limited (second defendant) Parlamartu Pty Limited (third defendant) Castlove Pty Limited (fourth defendant) Donovi Pty Limited (fifth defendant)
FILE NUMBER(S) : SC 1278/03
COUNSEL : Mr Higginbotham (sol) (plaintiff) Mr A E Maroya (first defendant)
SOLICITORS : Thomson Playford (plaintiff) Cosoff Cudmore Knox (defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRERETON J
Tuesday 31 July 2007
1278/03 Milan Visnic v Peter Sywak & 4 Ors JUDGMENT (ex tempore) 1 HIS HONOUR: On 3 July 2007 I made orders, for which I then gave reasons [[2007] NSWSC 823], the effect of which was that until today or further order, the liquidator of Adellos and Castlove was restrained from selling or taking any step to market or sell real property held by each of those corporations except upon having given seven days written notice of intention so to do to the solicitors for Mr Sywak. I adjourned the proceedings to today, extended time for filing of a Notice of Appeal up to and including today, and directed that if the defendants sought any continuation of those orders or any further stay in respect of the orders made on 15 June, they file and serve a Notice of Motion by 20 July, such motion to be returnable on 31 July at 9.30am before me. The first defendant duly filed a motion on 20 July 2007, seeking an order that the orders of 15 June 2007 be stayed pending the determination of the appeal or until further order.
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