Coshott v Coshott [2017] FCA 1239

Coshott v Coshott [2017] FCA 1239

The obligation upon statutory trustees for sale to pay net proceeds of sale to a beneficiary constitutes a 'debt' within the meaning of garnishee provisions, and can be made subject to garnishee orders in satisfaction of judgment debts.

Jurisdiction
Australia
Judgment Date
20 October 2017
Procedural Posture
Interlocutory Application Enforcement of Judgments / Hearing and Judgment
Outcome
Relief granted - garnishee orders to issue and payment out ordered; costs awarded to applicants.
Legal Topics
['enforcement of Judgments' 'garnishee Orders' 'statutory Trust for Sale' 'debt']
['practice and Procedure' 'insolvency' 'property Law'] ['enforcement of Judgments' 'garnishee Orders' 'statutory Trust for Sale' 'debt']

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

Interlocutory Application Enforcement of Judgments / Hearing and Judgment

Legal Issues

  1. 1 ['Whether statutory trustees for sale can be compelled by garnishee orders to pay moneys payable to a beneficiary to satisfy judgment debts' "Whether the obligation on trustees for sale to account to the beneficiary for her interest from the proceeds of sale of property is a 'debt' for garnishment purposes"]

Ratio Decidendi

The obligation upon statutory trustees for sale to pay net proceeds of sale to a beneficiary constitutes a 'debt' within the meaning of garnishee provisions, and can be made subject to garnishee orders in satisfaction of judgment debts.

Court Disposition

Relief granted - garnishee orders to issue and payment out ordered; costs awarded to applicants.

Orders

  • ['Payments out of moneys paid into Court: $14,153.42 to Mr Barry and Mr Board; $299,000 to Mr Prentice; $6,842.58 to Mr Barry; interest apportioned by specified percentages.' 'A further garnishee order to be issued to Mr Prentice.' 'Mrs Coshott to pay costs of interlocutory applicants, fixed by lump sum.'...