Page v McKensey & Ors [2009] NSWCA 127

New South Wales Court of Appeal

CITATION: Page v McKensey & Ors [2009] NSWCA 127

HEARING DATE(S): 22 April 2009

JUDGMENT DATE: 4 June 2009

JUDGMENT OF: Beazley JA at 1; Ipp JA at 2; Macfarlan JA at 3

1. That the appeal be dismissed with costs. 2. That the amount of the judgment debt and interest paid into Court as a condition of the grant of a stay pending this appeal be paid out to the first, second and third respondents. 3. In proceedings CA 40034/94, pursuant to Notice of Motion filed on 5 March 2009: DECISION: (i) Grant leave to Hugh Stanley McKensey, Victor John Lewis and Peter Charles Hicks to proceed to assessment and enforcement of costs orders made on 28 February 1995 and 29 January 1996. (ii) Order that Hugh Stanley McKensey, Victor John Lewis and Peter Charles Hicks have leave to issue a writ of execution against Geoffrey Francis Page to enforce the said costs orders. (iii) Order that interest be paid on the said costs orders from 27 April 1996 until payment. (iv) Order that Geoffrey Francis Page pay the applicants' costs of the Notice of Motion.

CATCHWORDS: EQUITY - general principles - assignments in equity - equitable assignment pursuant to Retiring Partners agreement of inchoate interests in judgment debt and court orders to which partnership members entitled - PROCEDURE - leave to some of judgment creditors to enforce judgment where the interests of the remainder of the judgment creditors had been assigned to them

Civil Procedure Act 2005 LEGISLATION CITED: Income Tax Assessment Act 1936 (Cth) Unifrom Civil Procedure Rules 2005

CATEGORY: Principal judgment