Bockowski v Kostrzynski [2010] NSWSC 583

New South Wales Supreme Court

CITATION : Bockowski v Kostrzynski [2010] NSWSC 583

HEARING DATE(S) : 29 April & 4 May 2010 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 4 May 2010

DECISION : Notification of Court Order AF 409479 removed from property

CATCHWORDS : PROCEDURE – Judgments and orders – Enforcement of judgments and orders – Execution against property – freezing orders – whether freezing order could be maintained against property owned by judgment debtor's regulated self-managed superannuation fund

LEGISLATION CITED : (CTH) Bankruptcy Act 1966 (CTH) Superannuation Industry (Supervision) Act 1993

CATEGORY : Principal judgment

CASES CITED : Cardile v LED Builders Pty Ltd (1999) 198 CLR 380

P Bockowski Pty Ltd (first plaintiff/respondent) PARTIES : Pawel Bockowski (second plaintiff/respondent) Krzysztof Kostrzynki (first defendant/applicant) Krzysztof Kostrzynski (as representative of late Theresa Kostrzynski) (second defendant)

FILE NUMBER(S) : SC 2005/259476

COUNSEL : Mr Bockowski (in person) (second plaintiff/respondent) Mr A Joseph (defendants/applicant)

SOLICITORS : Byles Canceri Lawyers (defendants/applicant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Tuesday 4 May 2010

2005/259476 P Bockowski Pty Limited v Krzysztof Kostrzynski JUDGMENT (ex tempore)

1 HIS HONOUR: The first plaintiff P Bockowski Pty Ltd and the second plaintiff Pawel Bockowski commenced these proceedings by summons filed on 18 March 2005, claiming a judgment in the sum of $73,897 against the first defendant Krzysztof Kostrzynski and a judgment of $59,897 against the second defendant Krzysztof Kostrzynski as personal representative of his late wife Theresa Kostrzynski, deceased. The plaintiffs also sought an order extending the operation of certain caveats that they had lodged affecting property of the defendants.