Jones v Veli [1996] IRCA 107

Jones v Veli [1996] IRCA 107

Given the debtor's difficult financial position, but acknowledging the creditor's right to judgment enforcement, the court orders a modest monthly deduction of $20 from the debtor's earnings, subject to the possibility of future variation.

Jurisdiction
Australia
Judgment Date
23 February 1996
Procedural Posture
Application for Attachment of Earnings / Post Judgment Enforcement
Outcome
Attachment of earnings order granted, with monthly deduction set at $20.
Legal Topics
['attachment of Earnings' 'enforcement of Judgment']
['industrial Law'] ['attachment of Earnings' 'enforcement of Judgment']

Case Brief

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Procedural Posture

Application for Attachment of Earnings / Post Judgment Enforcement

Legal Issues

  1. 1 ['Whether an attachment of earnings order should be made against the second respondent to satisfy a judgment debt']

Ratio Decidendi

Given the debtor's difficult financial position, but acknowledging the creditor's right to judgment enforcement, the court orders a modest monthly deduction of $20 from the debtor's earnings, subject to the possibility of future variation.

Court Disposition

Attachment of earnings order granted, with monthly deduction set at $20.

Orders

  • ["Coles Supermarkets Pty Limited is ordered to deduct $20 from the second respondent's earnings each pay-day and remit it to the applicant until the judgment debt is satisfied." 'The protected earnings rate is set at $20 per pay-day.']