HomeBuilding Pty Ltd (formerly known as Hammond & Simonds Pty Ltd ABN 61 162 746 929) v Cappello & Anor [2023] NSWDC 338
As the judgment debtors had exhausted avenues of appeal and put forward no arguable basis for withholding relief, the stay should be lifted and the judgment creditor permitted to enforce the judgment.
- Parties
- Judgment Creditor: HomeBuilding Pty Ltd (formerly known as Hammond & Simonds Pty Ltd ABN 61 162 746 929); Judgment Debtor: Rosario Cappello; Judgment Debtor: Maria Cappello
- Jurisdiction
- Australia
- Judgment Date
- 28 August 2023
- Procedural Posture
- Civil / Application to Lift Stay on Judgment Enforcement
- Outcome
- Application to lift stay granted.
- Legal Topics
- Stay of Execution, Costs Assessment, Enforcement of Judgments
Case Brief
Summary, issues, holding and outcome
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Parties
HomeBuilding Pty Ltd (formerly known as Hammond & Simonds Pty Ltd ABN 61 162 746 929)
Judgment Creditor
Rosario Cappello
Judgment Debtor
Maria Cappello
Judgment Debtor
Procedural Posture
Civil / Application to Lift Stay on Judgment Enforcement
Legal Issues
- 1 Whether the stay on execution of the District Court Judgment should be lifted
Ratio Decidendi
As the judgment debtors had exhausted avenues of appeal and put forward no arguable basis for withholding relief, the stay should be lifted and the judgment creditor permitted to enforce the judgment.
Court Disposition
Application to lift stay granted.
Orders
- Reference to s 125 in the order of 23 November 2022 corrected to s 135 of the Civil Procedure Act.
- Stay imposed by the Court on 23 November 2022 on execution of the District Court Judgment entered on 1 April 2022 is lifted.
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