Zeigler v Cenric Group Pty Ltd [2020] NSWSC 1084

Zeigler v Cenric Group Pty Ltd [2020] NSWSC 1084

The existence of a stay on the judgment due to an Instalment Order does not preclude an order for examination; the Court is not satisfied that the circumstances have changed so significantly that the examination order should be set aside. Utility exists in conducting the examination to determine the asset and liability position of the company.

Jurisdiction
Australia
Judgment Date
11 August 2020
Procedural Posture
Application / Notice of Motion to Set Aside Examination Order
Outcome
Notice of Motion dismissed; defendant to pay plaintiff's costs of the Motion
Legal Topics
['judgment Debt' 'examination Order' 'instalment Order' 'stay of Execution']
['civil Procedure'] ['judgment Debt' 'examination Order' 'instalment Order' 'stay of Execution']

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Procedural Posture

Application / Notice of Motion to Set Aside Examination Order

Legal Issues

  1. 1 ['Whether an examination order should be set aside due to a change of circumstances' 'Does the granting of an application to pay by instalments on an existing judgment debt constitute a significant change in circumstances']

Ratio Decidendi

The existence of a stay on the judgment due to an Instalment Order does not preclude an order for examination; the Court is not satisfied that the circumstances have changed so significantly that the examination order should be set aside. Utility exists in conducting the examination to determine the asset and liability position of the company.

Court Disposition

Notice of Motion dismissed; defendant to pay plaintiff's costs of the Motion

Orders

  • ['Dismiss the Notice of Motion filed 10 August 2020.' "Order the defendant to pay the plaintiff's costs of the Motion." 'Grant leave to the respondent to make an application pursuant to s98 Civil Procedure Act for a specified gross sum order for costs if filed within 7 days.' 'If the applicant resists such an order,...