Badger v John Kagelaris Pty Ltd & Ors [2020] NSWSC 84

Supreme Court New South Wales

Medium Neutral Citation: Badger v John Kagelaris Pty Ltd & Ors [2020] NSWSC 84 Hearing dates: 17 February 2020 Date of orders: 17 February 2020 Decision date: 17 February 2020 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Application dismissed with costs. Catchwords: JUDGMENTS AND ORDERS – enforcement – application made to review a Registrar's decision not to order the payment of a judgment by instalments stay of the enforcement of a judgment pending the determination of an application for an instalments order – applicant has been served a bankruptcy notice to be paid within 21 days and failure to pay the debt will entitle the judgement creditor to seek a sequestration order – whether the making of an instalment order will be more conducive to the judgment creditor achieving payment in full in a reasonable time. Legislation Cited: Evidence Act 1995 (Cth), s 131(2)(g) Uniform Civil Procedure Rules 2005, Pt 49, rr 20, 37.4(4), 37.5 Cases Cited: In the matter of Australian Institute of Fitness (VIC & TAS) [2016] NSWSC 1143 Tomko v Palasty (No. 2) (2007) 71 NSWLR 61 Category: Procedural and other rulings Parties: Plaintiff: Stephen Badger First Defendant: John Kagelaris Pty Ltd ACN 144 769 095 Second Defendant: John Kagelaris Third Defendant: Paul Sheridan Sengos Representation: Counsel: Plaintiff: J.K. Raftery Third Defendant: M. Forgacs

Solicitors: Plaintiff: Alexander Blackie, Woods & Day Solicitors Third Defendant: Paul Reese, Summer Lawyers File Number(s): 2017/269614 Publication restriction: No