Khanna v Sabi Foods International (Aust) Pty Limited and Anor [2017] NSWSC 573

Supreme Court New South Wales

Medium Neutral Citation: Khanna v Sabi Foods International (Aust) Pty Limited and Anor [2017] NSWSC 573 Hearing dates: 8 May 2017 Date of orders: 08 May 2017 Decision date: 08 May 2017 Jurisdiction: Common Law Before: Johnson J Decision: Pursuant to s.135 Civil Procedure Act 2005, an order is made authorising the Sheriff of New South Wales to enter the premises of the judgment debtor, Sanjeev Khanna, at 1 Hambro Avenue, Glenwood, for the purpose of taking possession of goods under the writ of execution.

The Respondent is to pay the Applicants' costs of the Notice of Motion including costs of the hearing today, but that order does not include the costs of 1 May 2017, as to which no order as to costs is made. Catchwords: PRACTICE AND PROCEDURE - application by judgment creditor for order under s.135 Civil Procedure Act 2005 for Sheriff to enter property of judgment debtor to take possession of goods under writ of execution - requirements under s.135 and Rule 39.52 Uniform Civil Procedure Rules 2005 satisfied - order made Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Khanna v Sabi Foods International (Aust) Pty Limited [2016] NSWSC 1009 Texts Cited: --- Category: Principal judgment Parties: Sabi Foods International (Aust) Pty Limited (First Applicant) Uvaraja Hariramakrishnan (Second Applicant) Sanjeev Khanna (Respondent) Representation: Solicitors: Ms ID Leighton, Curwoods Legal Services Pty Ltd (Applicants) Mr S Khanna (Respondent - In Person) File Number(s): 2015/112053 Publication restriction: ---