IceTV v Duncan Ross & Ors [2011] NSWSC 1300

IceTV v Duncan Ross & Ors [2011] NSWSC 1300

The defendants lack the means to pay the judgment debt in full immediately, and the proposed or court-determined instalment schedule is reasonable, would produce a net reduction in the debt, and is not rendered futile by impecuniosity or legal bar; therefore, the judgment debt should be paid by instalments. The notice to produce was set aside as its purpose (to establish two companies as 'one and the same') is legally untenable.

Parties
Plaintiff: IceTV Pty Ltd; First Defendant: Duncan Ross; Second Defendant: Dr Peter Vogel; Third Defendant: Vogel Ross Pty Ltd
Jurisdiction
Australia
Judgment Date
27 October 2011
Procedural Posture
Application for Instalment Order in Respect of Judgment Debt; Motion to Set Aside Notice to Produce / Post Judgment, Enforcement Proceedings
Outcome
Application for instalment order granted; judgment debt to be paid by instalments. Notice to produce set aside. Costs awarded to plaintiff.
Legal Topics
Instalment Orders, Notice to Produce, Judgment Debt Enforcement, Summary Dismissal Procedures
Practice and Procedure Enforcement of Judgments Instalment Orders Notice to Produce Judgment Debt Enforcement Summary Dismissal Procedures

Case Brief

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Parties

IceTV Pty Ltd

Plaintiff

Duncan Ross

First Defendant

Dr Peter Vogel

Second Defendant

Vogel Ross Pty Ltd

Third Defendant

Procedural Posture

Application for Instalment Order in Respect of Judgment Debt; Motion to Set Aside Notice to Produce / Post Judgment, Enforcement Proceedings

Legal Issues

  1. 1 Whether judgment debt should be paid by instalments under s 107 Civil Procedure Act 2005 (NSW)
  2. 2 Whether notice to produce issued by defendants should be set aside

Ratio Decidendi

The defendants lack the means to pay the judgment debt in full immediately, and the proposed or court-determined instalment schedule is reasonable, would produce a net reduction in the debt, and is not rendered futile by impecuniosity or legal bar; therefore, the judgment debt should be paid by instalments. The notice to produce was set aside as its purpose (to establish two companies as 'one and the same') is legally untenable.

Court Disposition

Application for instalment order granted; judgment debt to be paid by instalments. Notice to produce set aside. Costs awarded to plaintiff.

Orders

  • The judgment debt be paid by instalments of $2,400 per month, the first payment due on 1 November 2011 and monthly thereafter.
  • Set aside the notice to produce issued 7 October 2011.