Global Group Enterprises Pty Ltd v Julia Ruth McKay [2023] NSWSC 690

Global Group Enterprises Pty Ltd v Julia Ruth McKay [2023] NSWSC 690

Leave was refused because GGE did not prove that the purported assignment of Mr Roxo's interest in the judgment debt was genuine, commercial, arm's length, made before his bankruptcy, or notified to Ms McKay before bankruptcy. The Court accepted that notice was first received on 18 July 2020, after Mr Roxo's proprietary interest had vested in bankruptcy, and considered it inappropriate to use the Court's enforcement powers where the proceeds were likely to be within the dispositive power of an undischarged bankrupt and enforcement could frustrate the administration of the bankrupt estate.

Jurisdiction
Australia
Judgment Date
22 June 2023
Procedural Posture
Civil Procedure Application for Leave to Issue a Writ of Execution / Notice of Motion for Leave Under Rule 39.1 Uniform Civil Procedure Rules 2005 (nsw)
Outcome
Leave refused and notice of motion dismissed.
Legal Topics
['leave to Issue Writ of Execution' 'assignment of Judgment Debt' 'effect of Bankruptcy on Property and Proceedings' 'sham Transaction' 'set Off Against Judgment Debt']
['civil Procedure' 'bankruptcy' 'judgment Enforcement'] ['leave to Issue Writ of Execution' 'assignment of Judgment Debt' 'effect of Bankruptcy on Property and Proceedings' 'sham Transaction' 'set Off Against Judgment Debt']

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Procedural Posture

Civil Procedure Application for Leave to Issue a Writ of Execution / Notice of Motion for Leave Under Rule 39.1 Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ['Whether Global Group Enterprises Pty Ltd should be granted leave under UCPR r 39.1 to issue a writ of execution to enforce the judgment entered by Adams J on 17 September 2014.' 'Whether Mr Roxo genuinely assigned his right, title and interest in the judgment debt to Global Group Enterprises Pty Ltd before his bankruptcy.' "Whether the Court's power should be exercised where enforcement may circumvent or frustrate the administration of Mr Roxo's bankrupt estate." "Whether notice of the purported assignment was given to Ms McKay before Mr Roxo's bankruptcy."]

Ratio Decidendi

Leave was refused because GGE did not prove that the purported assignment of Mr Roxo's interest in the judgment debt was genuine, commercial, arm's length, made before his bankruptcy, or notified to Ms McKay before bankruptcy. The Court accepted that notice was first received on 18 July 2020, after Mr Roxo's proprietary interest had vested in bankruptcy, and considered it inappropriate to use the Court's enforcement powers where the proceeds were likely to be within the dispositive power of an undischarged bankrupt and enforcement could frustrate the administration of the bankrupt estate.

Court Disposition

Leave refused and notice of motion dismissed.

Orders

  • ['Refuse leave to Global Group Enterprises Pty Ltd to issue a writ of execution under Rule 39.1 Uniform Civil Procedure Rules 2005 (NSW).' 'Dismiss the notice of motion filed on 4 February 2022.' 'Direct that a copy of these reasons be provided to Andrew James Barnden of Rogers Reidy, Chartered Accountants, Level...