Tagget v Sexton [2009] NSWCA 91

New South Wales Court of Appeal

CITATION: Tagget v Sexton [2009] NSWCA 91 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 19 September 2008

JUDGMENT DATE: 29 April 2009

JUDGMENT OF: Beazley JA at 1; Young JA at 93; Sackville AJA at 113

1. Grant leave to appeal; 2. Appeal allowed; 3. Set aside order 2 made by the District Court on 14 February 2007 and all orders made thereafter continuing and varying that order; DECISION: 4. Set aside all costs orders made by the District Court; 5. Dismiss the respondent's notice of motion in the court below; 6. Note that there is no order as to the costs of the appeal or the hearing at first instance (with the intent that the parties bear their own costs of the appeal and at first instance); 7. Stay orders 3 and 6 above for seven days; 8. Liberty to the respondent to move the District Court to assess damages flowing pursuant to the undertaking as to damages if, and only if, such application is filed on or before 30 June 2009.

CATCHWORDS: DISTRICT COURT – interlocutory relief - freezing order restraining assets of a third party – whether the District Court has jurisdiction to make such an order - DISTRICT COURT – interlocutory relief - freezing order restraining assets of a third party – whether the District Court has the power to make orders effectively making a third party a guarantor of the judgement debtor's debt - INTERLOCUTORY RELIEF – freezing orders – extent of order – must be limited so as not to exceed what is reasonably necessary in the circumstances - COSTS - interlocutory proceedings – entitlement to appellate intervention where costs ordered at interlocutory stage