TJ and RF Fordham Pty Ltd v Starhill Property Group Pty Ltd [2017] NSWSC 240
Leave for the issue of a writ of sequestration was granted ex parte because of satisfaction that the judgment debtor had actual notice of the judgment, recent sale of significant assets, and credible evidence pointing to risk of avoidance of enforcement.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 10 March 2017
- Procedural Posture
- Enforcement of Judgment / Application for Writ of Sequestration (ex Parte)
- Outcome
- Leave for issue of writ of sequestration granted; orders made per signed form; writ to be issued forthwith.
- Legal Topics
- ['enforcement of Judgment' 'writ of Sequestration' 'ex Parte Applications']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Enforcement of Judgment / Application for Writ of Sequestration (ex Parte)
Legal Issues
- 1 ['Whether leave should be granted for the issue of a writ of sequestration on an ex parte basis' 'Whether the requirements for enforcement of judgment had been satisfied']
Ratio Decidendi
Leave for the issue of a writ of sequestration was granted ex parte because of satisfaction that the judgment debtor had actual notice of the judgment, recent sale of significant assets, and credible evidence pointing to risk of avoidance of enforcement.
Court Disposition
Leave for issue of writ of sequestration granted; orders made per signed form; writ to be issued forthwith.
Orders
- ['Leave granted for the issue of a writ of sequestration.' 'Seal of the Court to be affixed to the form of order.' 'Order may be entered forthwith and writ issued forthwith.']
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