Duncan-Strelec v Tate [2009] NSWSC 112

Duncan-Strelec v Tate [2009] NSWSC 112

Given the practicalities and consent of the parties, two professional sequestrators were appointed despite historical rules requiring five, reflecting commercial realities and efficient court process.

Jurisdiction
Australia
Judgment Date
27 February 2009
Procedural Posture
Equity / Application for Contempt and Penalty; Orders on Sequestration
Outcome
Orders by consent; leave granted to plaintiffs to issue writ of sequestration over third defendant's property; two sequestrators appointed; matter stood over.
Legal Topics
['contempt of Court' 'writ of Sequestration']
['procedure' 'equity'] ['contempt of Court' 'writ of Sequestration']

Case Brief

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Procedural Posture

Equity / Application for Contempt and Penalty; Orders on Sequestration

Legal Issues

  1. 1 ['Whether the third defendant (Wamego Pty Ltd) was in contempt of court for breaching an injunction' 'Whether a writ of sequestration should issue and how many sequestrators are required']

Ratio Decidendi

Given the practicalities and consent of the parties, two professional sequestrators were appointed despite historical rules requiring five, reflecting commercial realities and efficient court process.

Court Disposition

Orders by consent; leave granted to plaintiffs to issue writ of sequestration over third defendant's property; two sequestrators appointed; matter stood over.

Orders

  • ['Leave granted to plaintiffs to issue a writ of sequestration over the property of the third defendant.' 'Two sequestrators appointed to hold the land.' "Matter stood over to 4 May 2010 before the Registrar with liberty to restore on three days' notice."]