Big Country Developments Pty Ltd v Peter Griffiths (No 5) [2020] NSWSC 865

Big Country Developments Pty Ltd v Peter Griffiths (No 5) [2020] NSWSC 865

The Court dismissed Big Country's motion because circumstances had changed since the earlier decision: Mr Duncan had paid around half of the judgment debt, had complied with the 7 April 2020 order to date including a $430,000 payment, and the evidence showed improved prospects from his business sufficient to believe he would comply. Payment of the balance, estimated at about $500,000 with interest, by around September 2022 was held to be payment within a reasonable time.

Jurisdiction
Australia
Judgment Date
03 July 2020
Procedural Posture
Civil Procedure Application Concerning Payment of a Judgment Debt by Instalments / Plaintiff's Notice of Motion of 24 April 2020 to Set Aside the 7 April 2020 Instalment Order, Heard on the Papers
Outcome
Application dismissed; 7 April 2020 instalment order maintained; Mr Duncan to pay the costs of the application.
Legal Topics
['payment of Judgment Debt by Instalments' 'application to Set Aside Instalment Order' 'hearing De Novo' "judgment Creditor's Right to Enforcement" "judgment Debtor's Ability to Pay"]
['civil Procedure' 'enforcement of Judgments' 'equity Commercial List'] ['payment of Judgment Debt by Instalments' 'application to Set Aside Instalment Order' 'hearing De Novo' "judgment Creditor's Right to Enforcement" "judgment Debtor's Ability to Pay"]

Case Brief

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Procedural Posture

Civil Procedure Application Concerning Payment of a Judgment Debt by Instalments / Plaintiff's Notice of Motion of 24 April 2020 to Set Aside the 7 April 2020 Instalment Order, Heard on the Papers

Legal Issues

  1. 1 ['Whether the 7 April 2020 instalment order requiring Mr Duncan to pay the judgment debt by instalments should be set aside.' 'Whether the instalment arrangement was more likely than not to result in Big Country being paid in full within a reasonable time.' "Whether Mr Duncan's changed financial circumstances and payments made since the earlier decision justified maintaining the instalment order."]

Ratio Decidendi

The Court dismissed Big Country's motion because circumstances had changed since the earlier decision: Mr Duncan had paid around half of the judgment debt, had complied with the 7 April 2020 order to date including a $430,000 payment, and the evidence showed improved prospects from his business sufficient to believe he would comply. Payment of the balance, estimated at about $500,000 with interest, by around September 2022 was held to be payment within a reasonable time.

Court Disposition

Application dismissed; 7 April 2020 instalment order maintained; Mr Duncan to pay the costs of the application.

Orders

  • ["The plaintiff's notice of motion of 24 April 2020 is dismissed, with the intent that the 7 April 2020 order stands." 'Mr Duncan must pay the costs of the application.']