Khanna v Sabi Foods International (Aust) Pty Limited and Anor [2017] NSWSC 1269

Khanna v Sabi Foods International (Aust) Pty Limited and Anor [2017] NSWSC 1269

Further procedural orders are warranted and necessary to effectuate the s.135 order made on 8 May 2017. The Respondent has raised no foundation to refuse such orders. The Applicants' request for additional powers for the Sheriff is appropriate to implement the earlier order.

Source-derived case information.

Parties
Applicant: Sabi Foods International (Aust) Pty Limited; Applicant: Uvaraja Hariramakrishnan; Respondent: Sanjeev Khanna
Jurisdiction
Australia
Judgment Date
22 September 2017
Procedural Posture
Application Practice and Procedure (enforcement of Judgment) / Further Orders on Papers Following Original Order Authorising Sheriff Entry
Outcome
Further procedural orders made to enable enforcement of original s.135 Civil Procedure Act 2005 order.
Legal Topics
Enforcement of Judgment, Sheriff Entry to Premises, Writ for Levy of Property, Civil Procedure Act 2005 S.135, Uniform Civil Procedure Rules 2005 R 39.52
Practice and Procedure Enforcement of Judgment Sheriff Entry to Premises Writ for Levy of Property Civil Procedure Act 2005 S.135 Uniform Civil Procedure Rules 2005 R 39.52

Source-derived case record

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Parties

Sabi Foods International (Aust) Pty Limited

Applicant

Uvaraja Hariramakrishnan

Applicant

Sanjeev Khanna

Respondent

Procedural Posture

Application Practice and Procedure (enforcement of Judgment) / Further Orders on Papers Following Original Order Authorising Sheriff Entry

Legal Issues

  1. 1 Whether further procedural orders should be made to enable the Sheriff to execute writ for levy of property under s.135 Civil Procedure Act 2005

Ratio Decidendi

Further procedural orders are warranted and necessary to effectuate the s.135 order made on 8 May 2017. The Respondent has raised no foundation to refuse such orders. The Applicants' request for additional powers for the Sheriff is appropriate to implement the earlier order.

Court Disposition

Further procedural orders made to enable enforcement of original s.135 Civil Procedure Act 2005 order.

Orders

  • Officers of the Sheriff are authorised to enter the Respondent's premises at 1 Hambro Avenue, Glenwood NSW 2768 to seize goods under the writ for levy of property.
  • Sheriff's officers may use such force as reasonably necessary to effect entry.