Shoringco Pty Ltd v Dynamic Excavation and Demolition Pty Ltd [2021] NSWDC 588

Shoringco Pty Ltd v Dynamic Excavation and Demolition Pty Ltd [2021] NSWDC 588

Monies payable by Hogar Constructions Pty Ltd to the judgment debtor are not security interests as defined by s 126(1) of the Civil Procedure Act 2005 (NSW) and therefore cannot be charged under the charging order provisions.

Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Civil / Application for Charging Order
Outcome
application dismissed
Legal Topics
['charging Order' 'enforcement of Judgment' 'security Interests']
['civil Procedure'] ['charging Order' 'enforcement of Judgment' 'security Interests']

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Procedural Posture

Civil / Application for Charging Order

Legal Issues

  1. 1 ['Whether monies payable by a third party (Hogar Constructions Pty Ltd) to the judgment debtor can be subject to a charging order under s 126(1) of the Civil Procedure Act 2005 (NSW)']

Ratio Decidendi

Monies payable by Hogar Constructions Pty Ltd to the judgment debtor are not security interests as defined by s 126(1) of the Civil Procedure Act 2005 (NSW) and therefore cannot be charged under the charging order provisions.

Court Disposition

application dismissed

Orders

  • ['The application for a charging order is dismissed.']