Ferella v The Official Trustee in Bankruptcy [2015] NSWCA 81

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ferella v The Official Trustee in Bankruptcy [2015] NSWCA 81 Hearing dates: 30 March 2015 Date of orders: 30 March 2015 Decision date: 02 April 2015 Before: Meagher JA Decision: Application for a stay refused. Catchwords: PROCEDURE – civil – judgments and orders – stay of orders pending appeal – orders under Conveyancing Act 1919 (NSW), s 66G appointing trustees for sale of property – exercise of discretion – concessions made during course of argument before primary judge – appeal having no realistic prospects of success Legislation Cited: Bankruptcy Act 1966 (Cth), s 179 Conveyancing Act 1919 (NSW), s 66G Cases Cited: Alexander v Cambridge Credit Corporation Limited (1985) 2 NSWLR 685 Williams v Legg (1993) 29 NSWLR 687 Category: Procedural and other rulings Parties: Nida Ferella (First Appellant) Gustavo Ferella (Second Appellant) The Official Trustee in Bankruptcy (First Respondent) Registrar General (Second Respondent) Representation: Counsel: R K Newton (Appellants) B K Nolan (Respondents)

Solicitors: Zali Burrows Lawyers (Appellants) Craddock Murray Neumann Lawyers Pty Ltd (Respondents) File Number(s): 2014/374828 Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Equity Date of Decision: 18 December 2014 Before: Nicholas AJ File Number(s): SC2014/204343