TJ and RF Fordham Pty Ltd v Starhill Property Group Pty Ltd

The case of TJ and RF Fordham Pty Ltd v Starhill Property Group Pty Ltd dealt with an ex parte application for the issue of a writ of sequestration. The applicant, TJ and RF Fordham Pty Ltd, sought to enforce a judgment debt against the respondent, Starhill Property Group Pty Ltd. The dispute arose from an earlier judgment where the applicant was awarded a sum of money. The respondent had failed to comply with this judgment, prompting the application for a writ of sequestration to enforce the judgment debt.

The primary legal issue before the court was whether the application for the writ of sequestration should be heard on an ex parte basis, without the respondent being present or notified. Additionally, the court needed to determine if the applicant had met the necessary criteria for the issuance of a writ of sequestration, including whether the applicant had provided the usual undertaking as to damages.

The court found that the application could be heard on an ex parte basis due to the urgency and the respondent's failure to respond to previous proceedings. The applicant had demonstrated a strong prima facie case for the issuance of the writ of sequestration. The court was satisfied that the applicant had provided the required undertaking as to damages, ensuring that the respondent would not suffer undue prejudice if the writ was issued. Consequently, the court granted the leave for the issue of a writ of sequestration to enforce the judgment debt against the respondent.