Australian Executor Trustees Ltd v Nedanovski [2013] NSWSC 2024

Australian Executor Trustees Ltd v Nedanovski [2013] NSWSC 2024

The affidavit material satisfied the Court that Chris Nedanovski was the same person who now called himself Chris or Christopher Sazdanoff, and r 36.16(3) UCPR permitted the judgment to be varied to identify the Judgment Debtor by those names.

Jurisdiction
Australia
Judgment Date
12 December 2013
Procedural Posture
Interlocutory Application / Application to Vary Judgment Under the Slip Rule by Amending the Name of the Judgment Debtor
Outcome
Judgment varied.
Legal Topics
['judgments' 'power to Vary Judgment' 'slip Rule' "amendment of Judgment Debtor's Name"]
['civil Procedure'] ['judgments' 'power to Vary Judgment' 'slip Rule' "amendment of Judgment Debtor's Name"]

Case Brief

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Procedural Posture

Interlocutory Application / Application to Vary Judgment Under the Slip Rule by Amending the Name of the Judgment Debtor

Legal Issues

  1. 1 ['Whether the judgment should be varied to identify the Judgment Debtor by other names he is shown to have used.' "Whether r 36.16(3) UCPR is wide enough to permit the judgment debtor's name to be amended in the judgment."]

Ratio Decidendi

The affidavit material satisfied the Court that Chris Nedanovski was the same person who now called himself Chris or Christopher Sazdanoff, and r 36.16(3) UCPR permitted the judgment to be varied to identify the Judgment Debtor by those names.

Court Disposition

Judgment varied.

Orders

  • ['That the name of the Judgment Debtor be amended to read "Chris Nedanovski also known as Christopher Nedanovski also known as Chris Sazdanoff also known as Christopher Sazdanoff".' 'Orders to be entered forthwith.']