Franklins Ltd v Reject Shop (Aust) Pty Ltd [1999] FCA 1190

Franklins Ltd v Reject Shop (Aust) Pty Ltd [1999] FCA 1190

The Federal Court is empowered by O 37 r 7 Federal Court Rules and s 53 of the Federal Court of Australia Act 1976 to utilise the enforcement hearing procedure set out in the Uniform Civil Procedure Rules (Qld) to enforce a money order for taxed costs, including issuing an enforcement hearing summons to an officer of a corporation who is the enforcement debtor.

Jurisdiction
Australia
Judgment Date
25 August 1999
Procedural Posture
Application for Enforcement of Costs Order / Enforcement Hearing; Costs Order Enforcement
Outcome
Application granted for enforcement hearing summons and costs order against enforcement debtor
Legal Topics
['enforcement of Judgments' 'court Order for Payment of Taxed Costs']
['practice and Procedure'] ['enforcement of Judgments' 'court Order for Payment of Taxed Costs']

Case Brief

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Procedural Posture

Application for Enforcement of Costs Order / Enforcement Hearing; Costs Order Enforcement

Legal Issues

  1. 1 ['Whether the Federal Court can use the Uniform Civil Procedure Rules (Qld) enforcement hearing procedure for enforcement of order to pay taxed costs' 'Entitlement of enforcement creditors to an enforcement hearing summons against an officer of the enforcement debtor']

Ratio Decidendi

The Federal Court is empowered by O 37 r 7 Federal Court Rules and s 53 of the Federal Court of Australia Act 1976 to utilise the enforcement hearing procedure set out in the Uniform Civil Procedure Rules (Qld) to enforce a money order for taxed costs, including issuing an enforcement hearing summons to an officer of a corporation who is the enforcement debtor.

Court Disposition

Application granted for enforcement hearing summons and costs order against enforcement debtor

Orders

  • ['A summons in the prescribed form is to be issued for Joel Vivian Keune to attend an enforcement hearing and provide information and documents concerning the financial position of the Enforcement Debtor.' "The enforcement debtor is to pay the enforcement creditor's costs of and incidental to this motion, to be...