Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Rubino & anor v Pineview Property Holdings Pty Ltd & ors; In the matter of Wyse Accounting Pty Ltd; In the matter of Wyse & Young International Pty Ltd; In the matter of Wyse & Young International Pty Ltd; In the matter of Wyse Accounting Pty Ltd [2016] NSWSC 1780 Hearing dates: Monday, 5 December 2016 Date of orders: 09 December 2016 Decision date: 09 December 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: On terms that judgment debtor companies provide security over their assets and undertaking, stay of execution pending appeal granted and creditors’ statutory demands set aside.
Catchwords: PROCEDURE – Judgments and orders – Enforcement of judgments and orders – stay of enforcement – stay pending appeal relevant considerations Legislation Cited: (NSW) Uniform Civil Procedure Rules 2005, r 37.3, r 37.5 Cases Cited: Rubino & Anor v Pineview Property Holdings Pty Ltd & Anor [2016] NSWSC 904
Rubino v Pineview Property Holdings Pty Ltd & Ors (No. 3) (White J, 3 August 2016, not yet published)
Wyse Accounting Pty Ltd, In the matter of [2016] NSWSC 1772Category: Consequential orders (other than Costs) Parties: 2013/301976
Susan Huybers and Pineview Property Holdings Pty Ltd (judgment creditors, respondents)
Wyse & Young International Pty Ltd, Wyse Accounting Pty Ltd and George Dimitriou (judgment debtors, applicants)2016/237509
Wyse Accounting Pty Ltd (plaintiff)
Susan Huybers (defendant)2016/237519
Wyse & Young International Pty Ltd (plaintiff)
Pineview Property Holdings Pty Ltd (defendant)2016/237522
2016/237530
Wyse & Young International Pty Ltd (plaintiff)
Susan Huybers (defendant)
Wyse Accounting Pty Ltd (plaintiff)
Pineview Property Holdings Pty Ltd (defendant)Representation: Counsel:
Solicitors:
G Dimitriou (in person) (plaintiffs; applicants)
D Allen (defendants; respondents)
Kekatos & Co (defendants; respondents)
File Number(s): 2013/301976; 2016/237509; 2016/237519; 2016/237522; 2016/237530
Judgment
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On 30 June 2016, in proceedings 2013/301976 (“the Rubino proceedings”), White J delivered a judgment which, relevantly, in respect of the third cross-claim, included a judgment for the first cross-claimant Ms Huybers against the third, fourth and fifth cross-defendants Wyse & Young International Pty Ltd (“WYI”), Wyse Accounting Pty Ltd (“WAC”) and Mr Dimitriou (together, “the Dimitriou parties”) in the sum of the $535,151.62 plus interest, and judgment for the second cross-claimant Pineview against the Dimitriou parties in the sum of $1,276,389.29 plus interest. [1]
1. Rubino & Anor v Pineview Property Holdings Pty Ltd & Anor [2016] NSWSC 904.
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On or about 18 July 2016, each of Ms Huybers and Pineview served on each of WYI and WAC creditors’ statutory demands founded on each of the judgments – four demands in all. By four originating processes filed on 8 August 2016, WYI and WAC each applied to set aside each of the creditors’ statutory demands served on them respectively.
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On 28 July 2016, the Dimitriou parties filed notice of intention to appeal from the substantive judgment.
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On 14 September 2016, for reasons then given – but essentially because, although all other grounds urged in favour of setting aside the demands…
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- Case
- [2016] NSWSC 1780
- Decision Date
CaseChat Overview and Summary
The Court considered the relevant statutory provisions and case law to determine whether the respondent's application for a stay of enforcement should be granted. The Court held that a stay of enforcement should be granted if it was in the interests of justice to do so. The Court identified that the relevant considerations for granting a stay of enforcement were the likelihood of success of the appeal, the merits of the appeal, the balance of convenience, and any other relevant factors. The Court found that the appellant had a strong chance of success on appeal and that the balance of convenience favoured granting the stay. Therefore, the Court granted the stay of enforcement pending the outcome of the appeal.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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