C Pty Ltd (in Liquidation) and Karbines and Ors (No 2)

In the matter of C Pty Ltd (in Liquidation) and Karbines and Ors (No 2), Dawe J of the Federal Court of Australia considered applications arising from previous orders concerning the sale of a property and the enforcement of those orders. The primary dispute involved the enforcement of a warrant of possession for a Queensland property, which had been subject to a stay that was due to expire. Additionally, applications were made by interveners seeking variations to orders for the sale of a South Australian property, and for the quantification and award of costs.

The court was required to determine whether to issue a warrant of possession to give effect to previous orders for the sale of the Queensland property, given that a stay on those orders was expiring. It also had to consider an application for an adjournment by the husband, who was overseas, in relation to the variation of orders for the sale of the South Australian property. Furthermore, the court needed to address applications for costs, including the quantification of costs for the first intervener and the award of costs against the husband for the current hearing.

Dawe J reasoned that the stay on the warrant of possession would expire, necessitating its enforcement to allow the sale of the Queensland property. The application for adjournment by the husband was refused as there was no basis upon which he could oppose the orders sought for the South Australian property, and an adjournment would not serve the interests of justice. The court ordered that the warrant of possession be issued for the Queensland property, directing the Marshal and AFP officers to enter the property and give vacant possession to the first intervener for the purpose of sale. The court also made orders for the sale of the South Australian property, appointing a Registrar to sign documentation on behalf of the husband. The husband was ordered to pay the wife's costs of the hearing, fixed at $700, and the second interveners' costs, fixed at $350, due to his opposition or failure to ensure compliance with previous orders. The application for the quantum of costs for the first intervener was adjourned.