The Owners of Units Plan No 932 v Marhaba

In the case of The Owners of Units Plan No 932 v Marhaba, the applicant sought to enforce a money order against the defendant, which had been registered in the Supreme Court. The applicant aimed to seize and sell the defendant's property, specifically Unit 112, located at 350/242 Northbourne Avenue, Dickson, to satisfy the judgment debt. The defendant contested the enforcement of the order, raising issues regarding the service of the enforcement order and the in chambers orders.

The primary legal issue before the court was whether the applicant was entitled to move the application in proceedings, despite the document not bearing the title of the proceedings. Additionally, the court had to determine whether the sale of the property was justified and whether it would be conducted at a fair and reasonable price, in accordance with r 2219 of the Court Procedure Rules 2006 (ACT).

The court held that the applicant could proceed with the application, even though the document did not bear the title of the proceedings. It found that the amount of the judgment debt justified the sale of the property, and that the sale must be at a fair and reasonable price. Consequently, the court authorised the enforcement officer to enter the property for the purpose of showing it to prospective purchasers and to break and replace any locks if necessary.

The court's final orders permitted the applicant to proceed with the application, authorised the enforcement officer to enter the property for the purpose of showing it to prospective purchasers, and authorised the breaking and replacement of any locks if necessary.