Rubino v Australia and New Zealand Banking Group Ltd [2014] NSWCA 362

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rubino v Australia and New Zealand Banking Group Ltd [2014] NSWCA 362 Hearing dates: 25 July, 12 August, 27 August 2014 Decision date: 24 October 2014 Before: Basten JA at [1]; Ward JA at [2]; Emmett JA at [3] Decision: (1) Direct that the applicant file and serve, by 5 pm on 29 October 2014, short minutes of the orders and undertakings proposed to give effect to the reasons of the Court; (2) Direct that the respondent indicate in writing to the applicant and to the Court, by 5 pm on 31 October 2014, any objection to the proposed short minutes. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE AND PROCEDURE - application for stay of execution of writs of possession pending an appeal in the Equity Division - whether there is a serious question to be tried - whether the balance of convenience supports the grant of a stay Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 6.24 Cases Cited: Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; 230 CLR 89 Category: Principal judgment Parties: Biagina Rubino (Applicant) Australia and New Zealand Banking Group Ltd (Respondent) Representation: Counsel: C Birch SC with N Obrart (Applicant) A Henskens SC with S Docker (Respondent) Solicitors: Dominic Stamfords (Applicant) Kemp Strang (Respondent) File Number(s): 2014/185803 Publication restriction: Nil Decision under appeal Citation: Australia and New Zealand Banking Group Ltd v Huybers [2014] NSWSC 720 Date of Decision: 2014-06-10 00:00:00 Before: Bellew J File Number(s): 2013/106423