Australia and New Zealand Banking Group Limited v Huybers and anor [2014] NSWSC 720

Supreme Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group Limited v Huybers and anor [2014] NSWSC 720 Hearing dates: 3 December 2013, 12 February, 25 February and 18 March 2014. Decision date: 10 June 2014 Before: Bellew J Decision: 1.The applicant's notice of motion is dismissed. 2.The applicant is to pay the respondent's costs. Catchwords: PRACTICE AND PROCEDURE - Application for stay of execution of writs of possession - Where applicant alleged that lender had known of, and participated in, a fraud - whether evidence sufficient to establish such knowing participation - whether delay in bringing application adequately explained - application for stay dismissed

PRACTICE AND PROCEDURE - Application for stay of execution of writs of possession - Evidence necessary to establish arguable case - Whether pleadings alone establish arguable case Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Farah Constructions Pty Limited v Say-Dee Pty Limited (2007) 230 CLR 89 Re Foster; Ex parte Basan (1885) 2 Morr 29 Re Verma; Ex Parte Deputy Commissioner of Taxation (1985) 4 FCR 181 Category: Principal judgment Parties: Australia and New Zealand Banking Group Limited - Plaintiff Susan Elizabeth Huybers - First defendant Green Global Constructions Pty Limited - Second defendant Pineview Property Holdings Pty Limited - Third defendant Biagina Rubino - Applicant Australia and New Zealand Banking Group Limited - Respondent Representation: Counsel: Solicitors: Dominic Stanford Solicitors - Applicant Kemp Strang - Respondent File Number(s): 2013 / 106423 Publication restriction: Nil