PEPPER FINANCE CORPORATION LTD -v- WALLACE [2015] WASC 191
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASC 191 | |
| 29/05/2015 | |||
| Case No: | CIV:2205/2013 | 18 MAY 2015 | |
| Coram: | MARTINO J | 18/05/15 | |
| 5 | Judgment Part: | 1 of 1 | |
| Result: | Application dismissed | ||
| B | |||
| PDF Version |
| Parties: | PEPPER FINANCE CORPORATION LTD IAN WALLACE CAROLYN MARGARET DEFREYNE RACHEL WALLACE |
Catchwords: | Practice and procedure Application for order suspending enforcement of judgement Turns on own facts |
Legislation: | Civil Judgments Enforcement Act 2004 (WA), s 15 |
Case References: | Boase v Asica Developments Pty Ltd [2009] WASC 183 Ladang Jalong (Australia) Pty Ltd v Callander [2005] WASCA 203 New Resource Holdings Pty Ltd and Lunt [No 3] [2008] WASC 221 Professional Services of Australia Pty Ltd v Computer Accounting & Tax Pty Ltd [2008] WASCA 222 Smolarek v Brian Keith McMaster [2006] WASCA 216 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- Plaintiff
AND
IAN WALLACE
First Defendant
CAROLYN MARGARET DEFREYNE
RACHEL WALLACE
Second Defendants
Catchwords:
Practice and procedure - Application for order suspending enforcement of judgement - Turns on own facts
Legislation:
Civil Judgments Enforcement Act 2004 (WA), s 15
Result:
Application dismissed
Category: B
Representation:
Counsel:
Plaintiff : Mr R J Squires
First Defendant : Mr J A Robertson
Second Defendants : Mr J A Robertson
Solicitors:
Plaintiff : Jackson McDonald
First Defendant : William & Hughes
Second Defendants : William & Hughes
Cases referred to in judgment:
Boase v Asica Developments Pty Ltd [2009] WASC 183
Ladang Jalong (Australia) Pty Ltd v Callander [2005] WASCA 203
New Resource Holdings Pty Ltd and Lunt [No 3] [2008] WASC 221
Professional Services of Australia Pty Ltd v Computer Accounting & Tax Pty Ltd [2008] WASCA 222
Smolarek v Brian Keith McMaster [2006] WASCA 216
- MARTINO J:
(These reasons were delivered extemporaneously on 18 May 2015 and have been edited from the transcript.)
1 The defendants apply by a chamber summons filed on 15 May 2015 for an order suspending the enforcement of a property seizure and delivery order. The matter has been listed this afternoon urgently at the defendants' request. In the course of submissions made on behalf of the defendants, I enquired whether s 15 of the Civil Judgments Enforcement Act 2004 (WA) (the Act) applied to the application, and counsel for the defendants informed me that it was.
2 It follows, therefore, that, in fact, what the defendants are seeking is an order suspending the enforcement of a judgment. In my view, nothing turns on the misdescription contained in the chamber summons, dated 15 May 2015. It is clear what the defendants are seeking.
3 The judgment was obtained on 16 September 2014 by consent and made by Master Sanderson.
4 It provided…
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- Case
- [2015] WASC 191
- Decision Date
CaseChat Overview and Summary
The court considered the principles governing the suspension of judgment enforcement, focusing on whether the applicant had established that there were special circumstances warranting such an order. The court noted that the applicant had not provided clear evidence of undisclosed assets or any other compelling reason that would warrant a suspension. The applicant's claims were speculative and did not meet the required standard to justify the relief sought. The court concluded that the application did not turn on its own facts in a manner that would warrant the suspension of the judgment enforcement.
Given the findings, the court dismissed the applicant's application. The court found no basis to suspend the enforcement of the judgment based on the evidence presented. The court emphasised that any application of this nature must be supported by clear and compelling evidence, which was not demonstrated in this case. Consequently, the final order was that the application be dismissed.
Orders
Orders of the court
Application dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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