Singh v Owners Strata Plan No. 11723 (No 2) [2012] FCA 900

Singh v Owners Strata Plan No. 11723 (No 2) [2012] FCA 900

Given the evidence that no further assessment certificates exist or that a copy of the relevant certificate had already been provided, there was no utility in granting the orders sought by the applicant, and the interlocutory application was dismissed with costs.

Parties
Applicant: Jagjit Singh; Respondent: The Owners - Strata Plan No 11723
Jurisdiction
Australia
Judgment Date
14 August 2012
Procedural Posture
Appeal / Interlocutory Application on Appeal
Outcome
interlocutory application dismissed with costs
Legal Topics
Assessment Certificates, Costs Orders, Default Judgment, Sequestration Order, Interlocutory Applications
Bankruptcy Civil Procedure Assessment Certificates Costs Orders Default Judgment Sequestration Order Interlocutory Applications

Case Brief

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Parties

Jagjit Singh

Applicant

The Owners - Strata Plan No 11723

Respondent

Procedural Posture

Appeal / Interlocutory Application on Appeal

Legal Issues

  1. 1 Whether the respondent was obliged to provide assessment certificates in respect of amounts in a default judgment and a creditor's petition
  2. 2 Whether an absence of assessment certificates should lead to setting aside the sequestration order

Ratio Decidendi

Given the evidence that no further assessment certificates exist or that a copy of the relevant certificate had already been provided, there was no utility in granting the orders sought by the applicant, and the interlocutory application was dismissed with costs.

Court Disposition

interlocutory application dismissed with costs

Orders

  • The interlocutory application is dismissed.
  • The applicant is to pay the respondent's costs of the interlocutory application.