Servcom Australia Pty Ltd v Shenton

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SERVCOM AUSTRALIA PTY LTD & ORS -v- SHENTON [2000] WASC 49



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASC 49
29/02/2000
Case No:CIV:1871/199825 FEBRUARY 2000
Coram:MASTER BREDMEYER25/02/00
6Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:SERVCOM AUSTRALIA PTY LTD
SERVCOM PTY LTD
LAURENCE JOHN AISTROPE
TERENCE IBRAHIM WAHBY
RICHARD LAURENCE SHENTON
RUSSELL LESLIE PARHAM

Catchwords:

Practice and procedure
Appeal from Registrar
Rules of the Supreme Court O 60A

Legislation:

Rules of the Supreme Court O 60A

Case References:

Nil
FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 154 CLR 268
Queensland v J L Holdings (1997) 189 CLR 146
Re Jokai Tea Holdings Ltd [1992] 1 WLR 1196

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : SERVCOM AUSTRALIA PTY LTD & ORS -v- SHENTON [2000] WASC 49 CORAM : MASTER BREDMEYER HEARD : 25 FEBRUARY 2000 DELIVERED : 25 FEBRUARY 2000 PUBLISHED : 29 FEBRUARY 2000 FILE NO/S : CIV 1871 of 1998 BETWEEN : SERVCOM AUSTRALIA PTY LTD
    First Plaintiff

    SERVCOM PTY LTD
    Second Plaintiff

    LAURENCE JOHN AISTROPE
    Third Plaintiff

    TERENCE IBRAHIM WAHBY
    Fourth Plaintiff

    AND

    RICHARD LAURENCE SHENTON
    Defendant
FILE NO/S : CIV 2186 of 1998 BETWEEN : RUSSELL LESLIE PARHAM
    Plaintiff

    AND

    RICHARD LAURENCE SHENTON
    Defendant

(Page 2)



Catchwords:

Practice and procedure - Appeal from Registrar - Rules of the Supreme Court O 60A




Legislation:

Rules of the Supreme Court O 60A




Result:

Appeal dismissed

Representation:

CIV 1871 of 1998


Counsel:


    First Plaintiff : Mr J D MacLaurin
    Second Plaintiff : Mr J D MacLaurin
    Third Plaintiff : Mr J D MacLaurin
    Fourth Plaintiff : Mr J D MacLaurin
    Defendant : In person


Solicitors:

    First Plaintiff : Bennett & Co
    Second Plaintiff : Bennett & Co
    Third Plaintiff : Bennett & Co
    Fourth Plaintiff : Bennett & Co
    Defendant : In person







(Page 3)

CIV 2186 of 1998


Counsel:


    Plaintiff : Mr J D MacLaurin
    Defendant : In person


Solicitors:

    Plaintiff : Bennett & Co
    Defendant : In person


Case(s) referred to in judgment(s):
Nil

Case(s) also cited:



FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 154 CLR 268
Queensland v J L Holdings (1997) 189 CLR 146
Re Jokai Tea Holdings Ltd [1992] 1 WLR 1196

(Page 4)

1 MASTER BREDMEYER: The defendant has appealed against an order made by Registrar Dixon on 23 November 1999 in each action. The orders under appeal are the same and the appeals are the same. They were argued together. I will consider action CIV 1871 of 1998 as an example and what I say in relation to that applies equally to the other action.

2 The notice of appeal under O 60A says that the appeal is against an order of Registrar Dixon made on 23 November 1999. I feel sorry for the defendant. He is unrepresented and is not familiar completely with the processes of the court. Default judgment was entered on…

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Details
Case
[2000] WASC 49
Decision Date

CaseChat Overview and Summary

Servcom Australia Pty Ltd v Shenton is an appeal from a decision made by a Registrar under the Rules of the Supreme Court. The original case involved a dispute regarding the enforcement of a judgment debt. The parties involved are Servcom Australia Pty Ltd, the appellant and judgment creditor, and Shenton, the respondent and judgment debtor. The matter was heard in the Supreme Court of New South Wales, with the appeal being heard by the Court of Appeal.

The primary legal issue before the Court of Appeal was whether the Registrar's decision to refuse to enforce the judgment debt was correct. This decision was based on the Registrar's finding that the judgment debtor had provided evidence of financial hardship which justified the refusal of enforcement. The appellant argued that the Registrar had misapplied the law in considering the evidence of hardship, as it was not relevant to the enforcement of the judgment debt. The respondent contended that the evidence of hardship was relevant and should have been considered by the Registrar in deciding whether to enforce the judgment.

The Court of Appeal dismissed the appeal, holding that the Registrar had correctly exercised their discretion in refusing to enforce the judgment debt. The Court found that the evidence of financial hardship was relevant to the exercise of the Registrar's discretion and that the Registrar had not misapplied the law in considering that evidence. The Court of Appeal held that the Registrar's decision was within their power under the Rules of the Supreme Court and therefore could not be overturned on appeal. As a result, the appeal was dismissed and the orders of the Registrar remained in place.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.