Millner v BM & JA Holdings Pty Ltd [2012] NSWSC 1082

Millner v BM & JA Holdings Pty Ltd [2012] NSWSC 1082

The requirements of the Civil Procedure Act 2005 s 97 and Uniform Civil Procedure Rules r 38.6 were satisfied. As the defendants failed to attend court as ordered, having been properly notified, arrest warrants should issue to secure their attendance for examination.

Parties
First Plaintiff: Michael John Millner; Second Plaintiff: Janice Leila Millner; First Defendant: BM & JA Holdings Pty Ltd; Second Defendant: Luke Webb; Third Defendant: Jodi Ann Webb
Jurisdiction
Australia
Judgment Date
12 September 2012
Procedural Posture
Civil / Post Judgment, Examination and Enforcement Orders
Outcome
Arrest warrants issued against Luke Webb and Jodi Ann Webb for failure to comply with examination orders.
Legal Topics
Examination Orders, Arrest Warrants, Non Compliance, Enforcement of Judgments
Civil Procedure Examination Orders Arrest Warrants Non Compliance Enforcement of Judgments

Case Brief

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Parties

Michael John Millner

First Plaintiff

Janice Leila Millner

Second Plaintiff

BM & JA Holdings Pty Ltd

First Defendant

Luke Webb

Second Defendant

Jodi Ann Webb

Third Defendant

Procedural Posture

Civil / Post Judgment, Examination and Enforcement Orders

Legal Issues

  1. 1 Whether arrest warrants should issue for failure to comply with examination orders under Civil Procedure Act 2005 and Uniform Civil Procedure Rules.

Ratio Decidendi

The requirements of the Civil Procedure Act 2005 s 97 and Uniform Civil Procedure Rules r 38.6 were satisfied. As the defendants failed to attend court as ordered, having been properly notified, arrest warrants should issue to secure their attendance for examination.

Court Disposition

Arrest warrants issued against Luke Webb and Jodi Ann Webb for failure to comply with examination orders.

Orders

  • Arrest warrants issue addressed to the Sheriff of NSW and all other sheriff's officers to arrest Luke Webb and Jodi Ann Webb and bring them before the Court for examination.
  • Reserve liberty to Luke Webb and Jodi Ann Webb to apply to vary or discharge these orders upon notice of motion.