Kearney v 2HD Broadcasters Pty Ltd t/as 1143 2HD and Radio New FM [2017] NSWSC 751

Kearney v 2HD Broadcasters Pty Ltd t/as 1143 2HD and Radio New FM [2017] NSWSC 751

Stacks Goudkamp, as assignee of the original judgment creditor (2HD Broadcasters), satisfied all legal and procedural requirements for leave to enforce the judgment, including perfection of assignment and statutory notice, thereby entitling it to enforce and be substituted as judgment creditor.

Jurisdiction
Australia
Judgment Date
09 June 2017
Procedural Posture
Application for Leave to Enforce Judgment and Amendment of Judgment Creditor / Application for Leave to Enforce, Post Judgment
Outcome
Orders made granting leave for enforcement and amending judgment creditor.
Legal Topics
['enforcement of Judgments' 'assignment of Judgment Creditor Rights']
['civil Procedure'] ['enforcement of Judgments' 'assignment of Judgment Creditor Rights']

Case Brief

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Procedural Posture

Application for Leave to Enforce Judgment and Amendment of Judgment Creditor / Application for Leave to Enforce, Post Judgment

Legal Issues

  1. 1 ["Whether assignment of judgment creditor's rights was perfected under the relevant statutes and rules" 'Whether requirements of Rule 39.1 Uniform Civil Procedure Rules 2005 (NSW) were satisfied for enforcement' 'Whether sufficient evidence exists for entitlement to execute the judgment']

Ratio Decidendi

Stacks Goudkamp, as assignee of the original judgment creditor (2HD Broadcasters), satisfied all legal and procedural requirements for leave to enforce the judgment, including perfection of assignment and statutory notice, thereby entitling it to enforce and be substituted as judgment creditor.

Court Disposition

Orders made granting leave for enforcement and amending judgment creditor.

Orders

  • ['Leave granted for Stacks Goudkamp Pty Ltd (ACN 104 796 394) to enforce the judgment pursuant to Rule 39.1(1) of the Uniform Civil Procedure Rules 2005 (NSW).' 'The judgment creditor in paragraphs 2 and 3 of the orders made on 27 July 2012 be amended to Stacks Goudkamp Pty Ltd (ACN 104 796 394).']