Rubino v Pineview Properties Pty Ltd (No 6) [2018] NSWSC 340

Supreme Court New South Wales

Medium Neutral Citation: Rubino v Pineview Properties Pty Ltd (No 6) [2018] NSWSC 340 Hearing dates: 6 March 2018 Date of orders: 19 March 2018 Decision date: 19 March 2018 Jurisdiction: Equity Before: Parker J Decision: Application to stay execution of judgments dismissed.

Application to stay costs, and freezing orders dismissed.

Application to further amend "Second Amended Notice of Motion" dated 5 March 2018 dismissed. Catchwords: PRACTICE AND PROCEDURE – stay of execution of judgments – whether realistic prospect that proposed appeal will succeed – whether prejudice arising from execution of judgments established – where judgments entered against defendant are for high amounts of moneys plus interest – no identification of aspects of reasoning of judges that are in error – no arguable basis for identifying error with reasoning of judges shown – no evidence defendant is incapable of meeting judgments – no undertaking from defendant to provide security for judgments – application for stay of execution of judgements dismissed

COSTS – application to stay costs – where costs orders have not been quantified – where stay of costs not possible until costs assessor certificate has been issued – no evidence costs assessment proceedings have begun – question of stay of costs cannot then arise – application dismissed

COSTS – application to stay freezing order – where freezing order made in execution of judgments – "order is not itself an order for execution and a stay is therefore inappropriate" – whether defendant has demonstrated any basis for suspension or discharge of freezing order – no evidence defendant would not attempt to move assets beyond reach of judgment creditors – application dismissed