Global Group Enterprises Pty Ltd v Julia Ruth McKay [2023] NSWSC 690

Supreme Court New South Wales

Medium Neutral Citation: Global Group Enterprises Pty Ltd v Julia Ruth McKay [2023] NSWSC 690 Hearing dates: 2 September, 7 December 2022, 1 February 2023 Date of orders: 22 June 2023 Decision date: 22 June 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) Refuse leave to Global Group Enterprises Pty Ltd to issue a writ of execution under rule 39.1 Uniform Civil Procedure Rules 2005 NSW (NSW) (2) Dismiss the notice of motion filed on 4 February 2022 (3) Direct that a copy of these reasons be provided to Andrew James Barnden of Rogers Reidy, Chartered Accountants, Level 12, University Centre 210 Clarence Street, Sydney NSW 2000 Catchwords: CIVIL PROCEDURE — leave sought to issue writ of execution based on change of person entitled to execute judgment — UCPR rule 39.1 — assignor purported to have assigned interest to co-judgment creditor by deed of assignment — assignor now a bankrupt — Court's power ought not be used to frustrate the administration of the estate of a bankrupt — whether assignor assigned interest prior to bankruptcy — assignment not proved — sham just as likely an inference — leave refused Legislation Cited: Bankruptcy Act 1966 (Cth), ss 58, 60, 62 Conveyancing Act 1919 (NSW), s 12 Electronic Transactions Regulation 2017 (NSW) Uniform Civil Procedure Rules 2005 NSW, rr 39.1, 39.34 Cases Cited: Australian Workers' Union v Bowen (No 1) (1946) 72 CLR 575; [1946] HCA 24 Lewis v Condon (2013) 85 NSWLR 99; [2013] NSWCA 204 ML Ubase Holdings Co Ltd v Trigem Computer Inc (2007) 69 NSWLR 577; [2007] NSWSC 859 Roxo v McKay [2014] NSWSC 1317 Roxo v Normandie Farm (Dairy) Pty Ltd [2015] NSWSC 895 Roxo v Normandie Farm (Dairy) Pty Ltd [2015] NSWSC 1448 Category: Consequential orders Parties: Global Group Enterprises Pty Ltd (Judgment Creditor) Julia Ruth McKay (Judgment Debtor) Representation: Counsel: A Rogers on 2 September 2022; D Scott (Solicitor): 7 December 2022 and 1 February 2023 (Judgment Creditor) IG Archibald (Judgment Debtor)