Galbally & O’Bryan v Easton [2016] NSWSC 77

Supreme Court New South Wales

Medium Neutral Citation: Galbally & O'Bryan v Easton [2016] NSWSC 77 Hearing dates: 4 February 2016 Date of orders: 24 February 2016 Decision date: 24 February 2016 Jurisdiction: Equity Before: Hallen J Decision: 1. Direct the Plaintiff to deliver to my Associate within 14 days from the date of delivery of these reasons for judgment, Short Minutes of Order that reflect these reasons for judgment.

2. Stand over the proceedings for 21 days from the date of delivery of these reasons for judgment. Catchwords: PROCEDURE – Judgments and orders – Execution against property – Modes of execution – Charging order – Plaintiff obtained charging order under Civil Procedure Act 2005, s 106, against first Defendant's shares in public companies – Plaintiff commences separate proceedings seeking relief under s 126 Civil Procedure Act for orders to take the benefit of the charge arising under a charging order, including an order for sale of the shares and appointment of registered liquidator to sell the shares – Entitlement of the Plaintiff as judgment creditor, in relation to the security interests charged by the order, to any relief to which the judgment creditor would have been entitled had the charge been made in the judgment creditor's favour by the judgment debtor

COSTS – Whether the Plaintiff should obtain an order for all of its costs as against the first Defendant Legislation Cited: Administration and Probate Act 1958 (Vic) Civil Procedure Act 2005 (NSW) Enforcement of Judgments Act 1991 (SA) Judgments Act 1838 (UK) Judicature Act 1873 (UK) Magistrates' Court Act 1989 (Vic) Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Alesco Corporation Limited ACN 008 666 064 v Te Maari [2015] NSWSC 469 Andersons Solicitors v Schigulski [2004] SASC 21; (2004) 88 SASR 1 ANZ Banking Group Ltd v Greig [1980] 1 NSWLR 112 Australia and New Zealand Banking Group Ltd v Donnelly [2012] NSWSC 1615 Cameron v Cole [1944] HCA 5; (1944) 68 CLR 571 Chateau Constructions (Aust) Limited v Zepinic [2013] NSWSC 1326 Chateau Constructions (Aust) Ltd v Zepinic (No 5) [2010] NSWSC 265 D'Auvergne v Cooper WN (1899) 256 Davidson Armstrong & Campbell Solicitors Nominee Company Ltd v Morrison [2008] NZHC 2057 Ezekiel v Orakpo [1997] 1 WLR 340 Falcone and Williams v Mentyn; Pearce v Mentyn (No 2) [2004] TASSC 156; (2004) 13 Tas R 384 Fine Real Estate Network Pty Ltd v Howell (Supreme Court (NSW), Young J, 4 December 1997, unrep) French Consulting Pty Ltd v Donald [2011] NSWSC 584 Gould v Purtle [2014] NSWSC 493 Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 King Investment Solutions v Hussain [2005] NSWSC 1076; (2005) 64 NSWLR 441 Kolchmann v Meurice (1903) 1 KB 534 Leggott v Western 12 QBD 287 Linga v C & N Constructions Pty Ltd [2012] NTSC 8 McNamara Business & Property Law v Kasmeridis (No 2) [2006] SASC 167 Ndjamba v Toyota Finance Australia Ltd [2010] NTSC 23 Oxley v Oxley [2014] NSWSC 1606 Padkohe Pty Ltd v Fletcher [2006] NSWSC 1239 Smirski v Macander [2010] NSWSC 929 Sood v Christianos [2008] NSWSC 1087 United Travel Agencies Pty Ltd v Cain (1990) 20 NSWLR 566 Widgery v Tepper (1877) 6 Ch.D 364 Wilkie v Wilkie [1905] VLR 80 Yarrangah Pty Limited v National Australia Bank Limited [1999] NSWSC 97 Texts Cited: S E Williams and F G-S, Daniell's Chancery Practice, (8th ed 1914, Stevens and Sons) Edward Sykes and Sally Walker, The Law of Securities, (5th ed 1993, Law Book Co) Tyler, Young and Croft, Fisher & Lightwood's Law of Mortgage, (2nd Aust ed 2005, LexisNexis Butterworths) Category: Principal judgment Parties: Galbally & O'Bryan (Plaintiff) Noelle Elizabeth Easton (first Defendant) Amcor Limited (ACN 000 017 372) (second Defendant) BHP Billiton Limited (ACN 004 028 077) (third Defendant) Representation: Counsel: Ms A Avery-Williams (Plaintiff)