3 Jul 2009
CUTHBERT V HUMPHRIES AND ORS HC AK CIV-2003-404-7071
- Citation
- openlaw-3c31d3b3_0662_4608_857b_d9c6298a45ff.pdf
- Court
- High Court
The Court declined to enter a new money judgment 'on a judgment' because doing so would alter the character of the existing consent orders and could affect the ability to set them aside; instead the appropriate relief is declaratory: the Court declared the first defendant owes $180,000 under clauses 4(e) and 8 and the second defendant (the trusts) owes $180,000 under clauses 4(e) and 9, leaving any substantive challenges to be pursued by application to set aside or vary the consent orders.