NSW Caselaw
New South Wales Supreme Court
CITATION : Wentworth v Rogers [2003] NSWSC 472 HEARING DATE(S) : 5.5.03 JUDGMENT DATE : 16 June 2003
JURISDICTION: Common Law Court of Appeal JUDGMENT OF : Miles AJ DECISION : Applications for review dismissed. Parties may be heard on costs. Otherwise order that the unsuccessful applicant for review pay the costs of the successful respondent of the review and the application to the Registrar. Order that Ms Wentworth pay the costs of the trustees, both of the review and of the hearing before the Registrar of the motions to set aside the garnishment notices.
CATCHWORDS : Garnishment - garnishment notice addressed to bank holding trust funds - judgment debtor as beneficiary in trust - whether debt due and accruing from bank to judgment creditor was not - discretionary trust - several beneficiaries - whether debt due and accruing from trustees to judgment creditor - it was not. Richie Supreme Court Practice NSW LEGISLATION CITED : Supreme Court Rules Judgment Creditors Remedies Act 1904 CASES CITED : Webb v Stenton (1883) 11 QBD 518 PARTIES : Katherine WENTWORTH - Plaintiff Gordon John ROGERS - Defendant FILE NUMBER(S) : SC 19228/82; 008/86 COUNSEL : Plaintiff in person Beazley - Defendant SOLICITORS :
LOWER COURT Supreme Court JURISDICTION : LOWER COURT 19228/82; 008/86 FILE NUMBER(S) : LOWER COURT Acting Registrar Whitehead JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
MILES AJ
16 June 2003
19228/82 008/86
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