Supreme Court - Trial Division

RHG Mortgage Corporation Limited v Bennetts [2017] QSC 028 (09/599) Boddice J 7 February 2017

Full-text: QSC17-028.pdf

Catchwords

PROCEDURE JUDGMENTS AND ORDERS ENFORCEMENT OF JUDGMENTS AND ORDERS EXECUTION AGAINST PROPERTY WARRANTS OF SEIZURE AND SALE OR WRIT OF FIERI FACIAS PRACTICE TAKING POSSESSION where the applicant was granted default judgment 30 September 2009 and subsequently issued an enforcement warrant where the applicant and respondent entered into a payment agreement on which the respondent defaulted where the applicant was issued a second enforcement warrant on 9 June 2015 where the respondent again entered into a payment agreement on which the respondent again defaulted where the applicant has served a copy of default judgment and made unsuccessful demand for possession of the relevant land where the applicant applies for a further enforcement warrant ex parte whether the applicant should be issued a further enforcement warrant

Uniform Civil Procedure Rules considered

Rule 389(2) - Continuation of proceeding after delayRule 915 - Enforcement warrant for possession