Pilato v Stanizzo (No 2) [2024] NSWSC 442

Pilato v Stanizzo (No 2) [2024] NSWSC 442

A short stay of execution of the writ of possession is warranted to allow the Federal Circuit and Family Court proceedings to address whether the land is divisible among creditors and to allow for the potential filing of an appeal.

Jurisdiction
Australia
Judgment Date
23 April 2024
Procedural Posture
Possession of Land / Notice of Motion for Stay of Execution Hearing
Outcome
Short stay granted; liberty to apply.
Legal Topics
['possession of Land' 'stay of Execution' 'property Divisible Amongst Creditors' 'declaration of Trust']
['land Law' 'bankruptcy Law' 'civil Procedure'] ['possession of Land' 'stay of Execution' 'property Divisible Amongst Creditors' 'declaration of Trust']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Possession of Land / Notice of Motion for Stay of Execution Hearing

Legal Issues

  1. 1 ['Whether to stay execution of writ of possession pending bankruptcy proceedings' 'Effect of unstamped declaration of trust in property proceedings' 'Prospect of appeal against possession judgment']

Ratio Decidendi

A short stay of execution of the writ of possession is warranted to allow the Federal Circuit and Family Court proceedings to address whether the land is divisible among creditors and to allow for the potential filing of an appeal.

Court Disposition

Short stay granted; liberty to apply.

Orders

  • ['Stay the execution of a writ of possession until close of business on 6 May 2024.' "Liberty to apply on 2 days' notice."]