Marcolongo & Anor v Mazoudier [2008] NSWSC 1403

Marcolongo & Anor v Mazoudier [2008] NSWSC 1403

Relief under s 126 Civil Procedure Act 2005 could not be granted as there was no judgment specifying a precise sum payable; s 126 is not applicable in aid of a specific performance order for sale of land absent such a judgment.

Jurisdiction
Australia
Judgment Date
24 December 2008
Procedural Posture
Application for Charging Order / Judgment
Outcome
Application for charging order dismissed
Legal Topics
['specific Performance' 'enforcement of Judgments' 'charging Order']
['equity' 'civil Procedure'] ['specific Performance' 'enforcement of Judgments' 'charging Order']

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Procedural Posture

Application for Charging Order / Judgment

Legal Issues

  1. 1 ["Whether a charging order against a purchaser's other property may be obtained under s 126 Civil Procedure Act as a means of enforcing an order that the purchaser specifically perform a contract for the sale of land"]

Ratio Decidendi

Relief under s 126 Civil Procedure Act 2005 could not be granted as there was no judgment specifying a precise sum payable; s 126 is not applicable in aid of a specific performance order for sale of land absent such a judgment.

Court Disposition

Application for charging order dismissed

Orders

  • ['Application for charging order under s 126 Civil Procedure Act 2005 dismissed']