AMP Bank Limited v Onion

AMP Bank Limited applied for a warrant to enforce a judgment against certain properties, including an order for the seizure and sale of property. The application was brought under the relevant provisions of the Uniform Civil Procedure Rules 1999 (Qld) and was opposed by the tenants of the properties. The applicants had failed to include a draft warrant with their application, and their affidavit in support of the application did not comply with the relevant provisions of the Rules. The tenants argued that these deficiencies were fatal to the application. The applicants, however, submitted that they had otherwise given adequate notice to the tenants for the taking of possession.

The court was required to determine whether the application should be granted or refused, given the applicants' failure to include a draft warrant with the application and the non-compliance of the affidavit with the Rules. The court considered whether the deficiencies in the application were sufficient to refuse the application outright or whether they could be remedied by the applicants. The court also considered whether the applicants had otherwise provided adequate notice to the tenants for the taking of possession.

The court found that the deficiencies in the application were significant and could not be remedied by the applicants. The court noted that the Rules required a draft warrant to be included with the application and that the applicants had failed to do so. The court also noted that the affidavit in support of the application did not comply with the Rules and that this was a fundamental error. The court found that these deficiencies were fatal to the application and that the application should be refused. The court did not consider it necessary to consider whether the applicants had otherwise provided adequate notice to the tenants for the taking of possession.

The application was refused. The court did not make any orders for costs.