Perre v Apand [2004] FCA 1220

Perre v Apand [2004] FCA 1220

Given Risu and Townsend & Reynolds did not hold practising certificates and consented, the Court varied earlier orders to exclude them, with further directions pending; hardship from enforcement does not justify delaying execution of costs orders, so leave was granted to the State to issue a warrant of sale, conditional on issuance after 30 November 2004.

Parties
Applicant: Frank Perre; Applicant: Caterina Perre; Applicant: Pasquale Perre; Applicant: Mary Perre; Applicant: Guiseppe Domenico Perre; Applicant: Maria Perre; Applicant: Jim Perre; Applicant: Frances Perre; Applicant: Warruga Farms Pty Ltd; Applicant: Perre's Vineyards Pty Ltd; Applicant: Grace Perre; Applicant: Rangara Pty Ltd; Applicant: Francesco Perre; Respondent: Apand Pty Ltd; Respondent: Minister for Primary Industries and the State of South Australia; Cross Respondent; Cross Claimant: RISU Nominees Pty Ltd; Cross Respondent; Cross Claimant: Richard Dunstone Townsend; Cross Respondent; Cross Claimant: John Andrew Morcombe; Cross Respondent; Cross Claimant: John Sheahan as Trustee in Bankruptcy for the Bankrupt Estate of Leo John Reynolds
Jurisdiction
Australia
Judgment Date
17 September 2004
Procedural Posture
Civil / Post Judgment Motions Regarding Enforcement, Costs, and Variation of Orders
Outcome
Orders varied and partial adjournments granted; leave to State granted for warrant of sale with conditions
Legal Topics
Setting Aside Perfected Orders, Enforcement of Judgment, Legal Practitioner Entitlement to Fees, Lien Over Settlement Funds, Costs Orders
Civil Procedure Legal Practice Judgment Enforcement Setting Aside Perfected Orders Enforcement of Judgment Legal Practitioner Entitlement to Fees Lien Over Settlement Funds Costs Orders

Case Brief

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Parties

Frank Perre

Applicant

Caterina Perre

Applicant

Pasquale Perre

Applicant

Mary Perre

Applicant

Guiseppe Domenico Perre

Applicant

Maria Perre

Applicant

Jim Perre

Applicant

Frances Perre

Applicant

Warruga Farms Pty Ltd

Applicant

Perre's Vineyards Pty Ltd

Applicant

Grace Perre

Applicant

Rangara Pty Ltd

Applicant

Francesco Perre

Applicant

Apand Pty Ltd

Respondent

Minister for Primary Industries and the State of South Australia

Respondent

RISU Nominees Pty Ltd

Cross Respondent; Cross Claimant

Richard Dunstone Townsend

Cross Respondent; Cross Claimant

John Andrew Morcombe

Cross Respondent; Cross Claimant

John Sheahan as Trustee in Bankruptcy for the Bankrupt Estate of Leo John Reynolds

Cross Respondent; Cross Claimant

Procedural Posture

Civil / Post Judgment Motions Regarding Enforcement, Costs, and Variation of Orders

Legal Issues

  1. 1 Whether orders made in favour of Risu and Townsend & Reynolds should be set aside due to lack of practising certificates
  2. 2 Whether State of South Australia should be granted leave to issue warrant of sale for enforcement of costs order
  3. 3 Whether hardship or pending litigation justifies delaying enforcement

Ratio Decidendi

Given Risu and Townsend & Reynolds did not hold practising certificates and consented, the Court varied earlier orders to exclude them, with further directions pending; hardship from enforcement does not justify delaying execution of costs orders, so leave was granted to the State to issue a warrant of sale, conditional on issuance after 30 November 2004.

Court Disposition

Orders varied and partial adjournments granted; leave to State granted for warrant of sale with conditions

Orders

  • Leave granted to Minister for Primary Industries and State of South Australia to issue warrant against first to eleventh and thirteenth and fourteenth applicants, provided warrant not issued until after 30 November 2004.
  • Notice of Motion dated 1 June 2004 adjourned for further submissions as to costs orders.