Kowalczuk v Accom Finance (No 2) [2009] NSWCA 122

Kowalczuk v Accom Finance (No 2) [2009] NSWCA 122

The Court varied its previous orders to specify the precise sums owed by Accom to Kowalczuk and Mars, effective as at 4 May 2009, as the solicitors failed to agree and the respondent's solicitor ceased acting. The Court declined to make any order for removal of the caveat without notice or consent from Accom, noting the proper procedure would require a motion in the Equity Division if consent cannot be obtained.

Jurisdiction
Australia
Judgment Date
28 May 2009
Procedural Posture
Appeal / Variation of Consequential Orders After Appeal Judgment
Outcome
Orders made on 10 December 2008 varied to specify judgment sums as at 4 May 2009; no order made for removal of caveat.
Legal Topics
['judgments and Orders' 'amending Orders' 'variation of Orders' 'procedure for Removal of Caveat']
['civil Procedure'] ['judgments and Orders' 'amending Orders' 'variation of Orders' 'procedure for Removal of Caveat']

Case Brief

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Procedural Posture

Appeal / Variation of Consequential Orders After Appeal Judgment

Legal Issues

  1. 1 ['Whether the orders made by the Court on 10 December 2008 should be varied to specify interest amounts' 'Proper procedure for making supplementary orders when the solicitor for a party ceases acting' 'Whether an order to remove a caveat can be made without notice or consent of the respondent']

Ratio Decidendi

The Court varied its previous orders to specify the precise sums owed by Accom to Kowalczuk and Mars, effective as at 4 May 2009, as the solicitors failed to agree and the respondent's solicitor ceased acting. The Court declined to make any order for removal of the caveat without notice or consent from Accom, noting the proper procedure would require a motion in the Equity Division if consent cannot be obtained.

Court Disposition

Orders made on 10 December 2008 varied to specify judgment sums as at 4 May 2009; no order made for removal of caveat.

Orders

  • ["Vary order 2(b) by deleting from 'and Accom will hereafter be ordered to pay' to end of order 2(b)(ii)." 'Substitute judgment for Kowalczuk against Accom in the sum of $23,197.41, effective 4 May 2009.' 'Substitute judgment for Mars Pty Ltd against Accom in the sum of $26,545.58, effective 4 May 2009.']