Linke v TT Builders Pty Ltd (No 2) [2015] FCA 704

Linke v TT Builders Pty Ltd (No 2) [2015] FCA 704

Given evidence that the Second Respondent may be disposing of assets and is uncontactable, and absent any response from him, it is just and appropriate to grant charging orders over his real property to secure the applicant's judgment debt for taxed costs, pursuant to relevant statutory powers.

Jurisdiction
Australia
Judgment Date
08 July 2015
Procedural Posture
Costs Enforcement Application / Interlocutory; Application for Charging Orders Following Taxation of Costs
Outcome
Charging orders granted over Second Respondent's specified real property; registration of charges ordered; matter adjourned for further directions; costs reserved.
Legal Topics
['charging Orders' 'enforcement of Costs Orders' 'disposal of Assets to Avoid Enforcement']
['civil Procedure' 'enforcement of Judgments'] ['charging Orders' 'enforcement of Costs Orders' 'disposal of Assets to Avoid Enforcement']

Case Brief

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Procedural Posture

Costs Enforcement Application / Interlocutory; Application for Charging Orders Following Taxation of Costs

Legal Issues

  1. 1 ["Whether charging orders should be made over the Second Respondent's real property to secure a judgment debt for taxed costs" 'Whether circumstances justify registration of a charge on specific titles under s 8 of the Enforcement of Judgments Act 1991 (SA)']

Ratio Decidendi

Given evidence that the Second Respondent may be disposing of assets and is uncontactable, and absent any response from him, it is just and appropriate to grant charging orders over his real property to secure the applicant's judgment debt for taxed costs, pursuant to relevant statutory powers.

Court Disposition

Charging orders granted over Second Respondent's specified real property; registration of charges ordered; matter adjourned for further directions; costs reserved.

Orders

  • ["Pursuant to rr 41.01 and 41.10 of the Federal Court Rules and s 8(1) of the Enforcement of Judgments Act 1991 (SA), until further order the Second Respondent's specified properties are charged with the judgment debt and associated costs." 'The charge remains in force until the judgment debt is paid in full or the...