Café Du Liban Pty Ltd v Bespoke Garage Pty Ltd [2018] NSWSC 814

Supreme Court New South Wales

Medium Neutral Citation: Café Du Liban Pty Ltd v Bespoke Garage Pty Ltd [2018] NSWSC 814 Hearing dates: 24 May 2018 Date of orders: 24 May 2018 Decision date: 24 May 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) Extend the time fixed by rule 37.3(4) of Uniform Civil Procedure Rules 2005 (NSW) for the filing of an objection to instalment order to 13 April 2018.

(2) Declare that by rule 37.7 the instalment order made by the Registrar on 28 March 2018 has ceased to have effect.

(3) The judgment debtor is to pay the judgment creditor's costs of the application. Catchwords: CIVIL PROCEDURE – appeal - reduction of judgment liability - application for instalment order made - judgment creditor failed to file objection in time - application for extension of time to file objection - steps instituted to enforce judgment - service of bankruptcy notice - statutory demand for payment of debt - neither instalment paid - order to extend time - judgment debtor to pay costs of application Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 37.3, 37.7 Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Café Du Liban Pty Limited (Plaintiff/Respondent) Bespoke Garage Pty Limited (Defendant/Applicant) Representation: Counsel: P Kassen (Plaintiff/Respondent) P Matthews (Defendant/Applicant)

Solicitors: A R Conolly & Company (Defendant/Applicant) File Number(s): 2016/276055