The Trust Company (PTAL) Limited v Samuel M Holdings Pty Ltd [2020] NSWSC 556

Supreme Court New South Wales

Medium Neutral Citation: The Trust Company (PTAL) Limited v Samuel M Holdings Pty Ltd [2020] NSWSC 556 Hearing dates: 6 May 2020 Decision date: 14 May 2020 Jurisdiction: Common Law Before: Button J Decision: (1) The notice of motion of Mr Steven Murabito of 11 March 2020 is dismissed. Catchwords: CIVIL PROCEDURE – claim for possession of real property – mortgage default by company – receivers appointed to the entirety of the company assets – writ of possession issued by court – whether service of the claim for possession on the receivers was sufficient – whether any separate reason to postpone writ Texts Cited: Uniform Civil Procedure Rules NSW rr 10.1, 10.2 Category: Principal judgment Parties: The Trust Company (PTAL) Limited (Plaintiff) Samuel M Holdings Pty Ltd (Defendant) Mr S Murabito (Intervenor) Representation: Counsel: M Young SC (Plaintiff) A G Martin (Defendant) R Tregenza (Intervenor)

Solicitors: Summer Lawyers (Plaintiff) Sydney Law Practice (Intervenor) File Number(s): 2019/358119

Judgment

Introduction 1. This judgment resolves a notice of motion filed on 11 March 2020 on behalf of Mr Steven Murabito, to whom I shall subsequently refer as the "Director". 2. In a nutshell, the motion seeks a stay of the execution of writs of possession at two residential addresses in Port Kembla, in the Illawarra region of New South Wales; an order that a consent judgment for possession of those two parcels of land entered on 17 December 2019 be set aside; and an order that the Director be joined as a defendant in the substantive proceedings.