Deputy Commissioner of Taxation v Ziolkowski (No 3) [2019] FCA 443

Deputy Commissioner of Taxation v Ziolkowski (No 3) [2019] FCA 443

Because the applicant filed affidavit evidence establishing service of the 2 May 2018 judgment, that the judgment remained wholly unsatisfied, the amount of accrued interest, the believed location of the respondent's property in New South Wales, and that the judgment had not been stayed, the formal requirements for issue of a writ for levy of property under New South Wales procedure as applied in the Federal Court were satisfied. The writ therefore ought to be issued.

Jurisdiction
Australia
Judgment Date
01 April 2019
Procedural Posture
Interlocutory Application for Issue of a Writ for Levy of Property to Enforce Judgment / Determined on the Papers After Respondent's Stay Application Was Dismissed by Consent
Outcome
Application granted; writ for levy of property issued against the respondent.
Legal Topics
['writ for Levy of Property' 'federal Court Enforcement Powers' 'new South Wales Judgment Enforcement Procedure' 'unsatisfied Judgment Debt']
['practice and Procedure' 'taxation' 'enforcement of Judgments'] ['writ for Levy of Property' 'federal Court Enforcement Powers' 'new South Wales Judgment Enforcement Procedure' 'unsatisfied Judgment Debt']

Case Brief

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Procedural Posture

Interlocutory Application for Issue of a Writ for Levy of Property to Enforce Judgment / Determined on the Papers After Respondent's Stay Application Was Dismissed by Consent

Legal Issues

  1. 1 ['Whether the Federal Court could issue a writ for levy of property by applying New South Wales enforcement remedies under s 53 of the Federal Court of Australia Act 1976 (Cth) and r 41.10 of the Federal Court Rules 2011 (Cth).' 'Whether the requirements for a writ for levy of property under s 106 of the Civil Procedure Act 2005 (NSW) and rr 39.2 and 39.3 of the Uniform Civil Procedure Rules 2005 (NSW) were satisfied.']

Ratio Decidendi

Because the applicant filed affidavit evidence establishing service of the 2 May 2018 judgment, that the judgment remained wholly unsatisfied, the amount of accrued interest, the believed location of the respondent's property in New South Wales, and that the judgment had not been stayed, the formal requirements for issue of a writ for levy of property under New South Wales procedure as applied in the Federal Court were satisfied. The writ therefore ought to be issued.

Court Disposition

Application granted; writ for levy of property issued against the respondent.

Orders

  • ['The writ for levy of property annexed to these orders and marked "A" be issued against the respondent.']