Perpetual Trustee Company Ltd v Papantoniou (No. 4) [2014] NSWSC 1607

Perpetual Trustee Company Ltd v Papantoniou (No. 4) [2014] NSWSC 1607

Because Mrs Papantoniou had not satisfied the compensation judgments, the supporting affidavit substantially complied with rule 39.35, no notified person appeared to assert a superior claim, and there was no evidence of an imminent bankruptcy or other matter warranting refusal, it was appropriate to grant Mr Robert Brown liberty to file a garnishee order directed to Barwick Boitano for the debt due to Mrs Papantoniou.

Jurisdiction
Australia
Judgment Date
11 November 2014
Procedural Posture
Consequential Orders; Civil Procedure Application for Garnishee Order / Amended Notice of Motion After Final Orders and Liberty to Apply
Outcome
Application granted; liberty given to file garnishee order.
Legal Topics
['garnishee Orders' 'judgment Debt' 'controlled Money Held on Trust' 'contracts Review Act Compensation Orders']
['civil Procedure' 'enforcement of Judgments'] ['garnishee Orders' 'judgment Debt' 'controlled Money Held on Trust' 'contracts Review Act Compensation Orders']

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

Consequential Orders; Civil Procedure Application for Garnishee Order / Amended Notice of Motion After Final Orders and Liberty to Apply

Legal Issues

  1. 1 ['Whether the Court should vary earlier orders requiring payment of controlled moneys to Mrs Papantoniou or issue a garnishee order against the trustees for the debt due to her.' 'Whether Mrs Papantoniou had satisfied the judgments for compensation entered against her.' 'Whether making a garnishee order would give Mr Robert Brown a preference in an imminent bankruptcy.']

Ratio Decidendi

Because Mrs Papantoniou had not satisfied the compensation judgments, the supporting affidavit substantially complied with rule 39.35, no notified person appeared to assert a superior claim, and there was no evidence of an imminent bankruptcy or other matter warranting refusal, it was appropriate to grant Mr Robert Brown liberty to file a garnishee order directed to Barwick Boitano for the debt due to Mrs Papantoniou.

Court Disposition

Application granted; liberty given to file garnishee order.

Orders

  • ['The first cross-claimant Mr Robert Brown has liberty to file a garnishee order directed to Barwick Boitano in respect of the debt due to Mrs Papantoniou in accordance with rule 39.36.' 'That order may be entered forthwith.' "The costs of this application are Roberts Brown's costs in the cause."]