Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coshott v Coshott [2017] FCA 1239 File number: NSD 1412 of 2009
Judge: BROMWICH J
Date of judgment: 20 October 2017
Catchwords: PRACTICE AND PROCEDURE – enforcement of judgments – whether garnishee order can compel statutory trustees for sale to make payment from moneys payable to a beneficiary in satisfaction of a judgment debt – where trustees for sale have paid moneys sought by garnishee order into Court – whether obligation on trustees for sale to account to the beneficiary for her interest from the proceeds of sale of property is a "debt" for garnishment purposes
Legislation: Federal Court of Australia Act 1976 (Cth), s 53 Judiciary Act 1903 (Cth), s 79 Civil Procedure Act 2005 (NSW), s 117 Conveyancing Act 1919 (NSW), ss 66D, 66G(1),(7), 66F(2), 66H Federal Court Rules 2011 (Cth), rr 2.43, 41.10
Cases cited: Application of Richard Albarran; Harb v Harb [2010] NSWSC 1251 Abbott v Pegler (1980) 1 BPR 97,025 Coshott v Coshott [2016] FCA 966 Coshott v Crouch [2017] FCAFC 135 Coshott v Learoyd [2001] FCA 88 Coshott v Prentice [2014] FCAFC 88; 221 FCR 450 Dixon v Roy (1991) 5 BPR 97,390 Hughes v Egger (No 2) [2005] NSWSC 323; 12 BPR 22,791 MacDiarmid v MacDiarmid [1957] 74 WN (NSW) 170
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