Power v Bassett

The case of Power v Bassett arose in the Federal Circuit Court, involving a dispute regarding the enforcement of a judgment debt. The plaintiff, Power, sought an order for the payment of the judgment debt by instalments from the defendant, Bassett, who had previously been ordered to pay a lump sum. The primary issue before the court was whether the defendant's financial circumstances warranted the making of an instalment order.

The legal issues the court needed to decide included the extent to which the defendant's financial situation, including the impact of a suspended builder’s licence on his earning capacity, could justify the granting of an instalment order. The court also had to consider the amount offered by the defendant towards the judgment debt and assess the overall interests of justice in making such an order.

In determining the application, the court considered the defendant's financial restructure and his capacity to earn income in light of the suspension of his builder's licence. The court recognised that the defendant's inability to earn a substantial income due to the suspension of his licence was a significant factor in his financial hardship. However, the court also noted that the defendant had made some payments towards the judgment debt and that the amount offered was relatively small in comparison to the total debt. The court concluded that while the defendant's situation was unfortunate, it did not sufficiently justify the making of an instalment order. The court held that the defendant's ability to earn income, albeit reduced, and the interests of the plaintiff in having the debt paid in full, weighed against the granting of an instalment order.

The court ultimately decided not to make an instalment order, dismissing the defendant's application. The plaintiff was thus entitled to enforce the original judgment debt without the need for instalments.