Rubino v Australia and New Zealand Banking Group Ltd

In *Rubino v Australia and New Zealand Banking Group Ltd*, the applicant sought a stay of execution of writs of possession pending an appeal in the Equity Division of the Supreme Court of New South Wales. The respondent was Australia and New Zealand Banking Group Ltd.

The Court was required to determine whether there was a serious question to be tried in relation to the appeal and whether the balance of convenience favoured the grant of a stay of execution.

The Court considered the principles governing applications for a stay of execution pending an appeal. It noted that a stay would ordinarily be granted if there was a serious question to be tried and the balance of convenience favoured the applicant. The Court directed the applicant to file and serve short minutes of proposed orders and undertakings to give effect to its reasons, and the respondent was to indicate any objections to these proposed minutes.