Chateau Constructions (Aust) Ltd v Zepinic & Anor [No 4] [2009] NSWSC 1478

Chateau Constructions (Aust) Ltd v Zepinic & Anor [No 4] [2009] NSWSC 1478

The gravity of the orders sought, which would seriously displace the defendants' ordinary property rights, combined with the defendants' inability to appear or be represented and short notice, justify one last adjournment to give them an opportunity to respond before potentially making substantive orders for sale of the property.

Jurisdiction
Australia
Judgment Date
21 December 2009
Procedural Posture
Amended Summons / Hearing Adjourned to Allow Defendants to Respond
Outcome
hearing adjourned to 18 February 2010 before Slattery J; plaintiff directed to serve reasons for judgment and orders on defendants by email and international airmail
Legal Topics
['appointment of Trustee for Sale' 'judicial Sale of Property' 'procedure for Serving Notice' 'adjournment of Proceedings']
['equity'] ['appointment of Trustee for Sale' 'judicial Sale of Property' 'procedure for Serving Notice' 'adjournment of Proceedings']

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Procedural Posture

Amended Summons / Hearing Adjourned to Allow Defendants to Respond

Legal Issues

  1. 1 ["Should a trustee for sale be appointed for the defendants' property?" 'Is sufficient notice of proceedings given to the defendants?' 'Should the proceedings be adjourned to give defendants opportunity to respond?']

Ratio Decidendi

The gravity of the orders sought, which would seriously displace the defendants' ordinary property rights, combined with the defendants' inability to appear or be represented and short notice, justify one last adjournment to give them an opportunity to respond before potentially making substantive orders for sale of the property.

Court Disposition

hearing adjourned to 18 February 2010 before Slattery J; plaintiff directed to serve reasons for judgment and orders on defendants by email and international airmail

Orders

  • ['Amended summons adjourned for hearing before Slattery J at 10am on Thursday 18 February 2010.' 'Plaintiff directed to serve reasons for judgment on defendants at email address previously used and by international airmail to UK residential address.']