Khanna v Sabi Foods International (Aust) Pty Limited and Anor [2017] NSWSC 573

Khanna v Sabi Foods International (Aust) Pty Limited and Anor [2017] NSWSC 573

The Sheriff had been refused entry to the Respondent's premises on 16 December 2016, satisfying the foundation required by Rule 39.52 Uniform Civil Procedure Rules 2005 for an order under s.135 Civil Procedure Act 2005. Given the history of the proceedings, the existing lump sum costs orders, the prior rejection of the Respondent's instalment application, and the inadequacy of the Respondent's renewed proposal to pay $20,000.00 over four years, it was appropriate to authorise the Sheriff to enter the premises to take possession of goods under the writ of execution.

Jurisdiction
Australia
Judgment Date
08 May 2017
Procedural Posture
Application by Judgment Creditors for an Order Under S.135 Civil Procedure Act 2005 Authorising the Sheriff to Enter Premises to Take Possession of Goods Under a Writ of Execution / Notice of Motion in Enforcement Proceedings
Outcome
Applicants' Notice of Motion granted; Respondent ordered to pay the Applicants' costs of the Notice of Motion including the hearing on 8 May 2017, excluding costs of 1 May 2017.
Legal Topics
['writ of Execution' 'writ for Levy of Property' 'sheriff Entry to Premises' 'judgment Debt' 'instalment Payments' 'costs']
['practice and Procedure' 'civil Procedure' 'enforcement of Judgments'] ['writ of Execution' 'writ for Levy of Property' 'sheriff Entry to Premises' 'judgment Debt' 'instalment Payments' 'costs']

Case Brief

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Procedural Posture

Application by Judgment Creditors for an Order Under S.135 Civil Procedure Act 2005 Authorising the Sheriff to Enter Premises to Take Possession of Goods Under a Writ of Execution / Notice of Motion in Enforcement Proceedings

Legal Issues

  1. 1 ["Whether the requirements for an order under s.135 Civil Procedure Act 2005 authorising the Sheriff to enter the judgment debtor's premises were satisfied." "Whether the Respondent's proposed payment of the judgment debt by instalments over four years justified refusing or delaying the order sought by the Applicants." "What costs order should be made on the Applicants' Notice of Motion."]

Ratio Decidendi

The Sheriff had been refused entry to the Respondent's premises on 16 December 2016, satisfying the foundation required by Rule 39.52 Uniform Civil Procedure Rules 2005 for an order under s.135 Civil Procedure Act 2005. Given the history of the proceedings, the existing lump sum costs orders, the prior rejection of the Respondent's instalment application, and the inadequacy of the Respondent's renewed proposal to pay $20,000.00 over four years, it was appropriate to authorise the Sheriff to enter the premises to take possession of goods under the writ of execution.

Court Disposition

Applicants' Notice of Motion granted; Respondent ordered to pay the Applicants' costs of the Notice of Motion including the hearing on 8 May 2017, excluding costs of 1 May 2017.

Orders

  • ['Pursuant to s.135 Civil Procedure Act 2005, an order is made authorising the Sheriff of New South Wales to enter the premises of the judgment debtor, Sanjeev Khanna, at 1 Hambro Avenue, Glenwood, for the purpose of taking possession of goods under the writ of execution.' "The Respondent is to pay the Applicants'...