Café Du Liban Pty Ltd v Bespoke Garage Pty Ltd [2018] NSWSC 814

The time for filing objection should be extended due to the short delay and given that the judgment debtor failed to comply with the instalment order, the order has ceased to have effect by operation of r 37.7.

Jurisdiction: Australia
Judgment Date: 24 May 2018
Procedural Posture: Application/appeal From Local Court Decision / Application to Extend Time for Objection to Instalment Order
Outcome: Application granted. Time to object extended; instalment order ceased; costs ordered.
Legal Topics: ['instalment Orders' 'extension of Time' 'objection to Instalment Order']

['civil Procedure'] ['instalment Orders' 'extension of Time' 'objection to Instalment Order']

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Procedural Posture

Application/appeal From Local Court Decision / Application to Extend Time for Objection to Instalment Order

Legal Issues

1 ['Whether time for filing objection to instalment order should be extended under the Uniform Civil Procedure Rules 2005 (NSW)' 'Whether instalment order ceased to have effect due to non-compliance']

Ratio Decidendi

Court Disposition

Application granted. Time to object extended; instalment order ceased; costs ordered.

Orders

['Extend the time fixed by rule 37.3(4) of Uniform Civil Procedure Rules 2005 (NSW) for the filing of an objection to instalment order to 13 April 2018.' 'Declare that by rule 37.7 the instalment order made by the Registrar on 28 March 2018 has ceased to have effect.' "The judgment debtor is to pay the judgment...