Coshott v Learoyd [2001] FCA 88

FEDERAL COURT OF AUSTRALIA

Coshott v Learoyd [2001] FCA 88

PRACTICE AND PROCEDURE – Enforcement of judgments – Application by judgment debtor to set aside garnishment orders pursuant to which moneys had been paid into Court – Whether orders were validly made – Whether judgment debtor was a party to an appeal dismissed by consent – Whether there was a debt owing at time of service of garnishment orders – Whether obligation by mortgagee exercising power of sale to pay surplus to mortgagor is a "debt". Federal Court Rules, Order 37 rule 7 Supreme Court Rules (NSW), Part 46 rules 3, 5 ROBERT GILBERT COSHOTT and LJILJANA COSHOTT v RODERICK IAN LEAROYD, SALWEEN PTY LTD and WOOLLAHRA MUNICIPAL COUNCIL NG779 of 1997 N283 of 1999 WILCOX J 16 FEBRUARY 2001 SYDNEY

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG779 of 1997

BETWEEN: ROBERT GILBERT COSHOTT AND LJILJANA COSHOTT

APPELLANTS

AND: RODERICK IAN LEAROYD

FIRST RESPONDENT

SALWEEN PTY LTD

SECOND RESPONDENT

WOOLLAHRA MUNICIPAL COUNCIL

THIRD RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 16 FEBRUARY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The District Registrar pay to Woollahra Municipal Council or its solicitors the sum of one hundred and twenty thousand dollars ($120,000.00) paid into Court on 9 January 2001 pursuant to the garnishment order made by Wilcox J on 13 December 2000. 2. Ljiljana Coshott pay to Woollahra Municipal Council the costs incurred by it in connection with the hearings of 1 February and 9 February 2001 relating to the said garnishment order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA