On 7 July 2023 the Supreme Court of NSW delivered judgment in the matter of Riva NSW Pty Ltd v Key Nominees Pty Ltd [2023] NSWSC 711.
The judgment addresses a practical issue regarding the Supreme Court’s power to enforce its orders arising in exceptional circumstances in which 13 costs orders had been made by NSW courts, including 10 by the Supreme Court, all of which had been assessed and the resulting certificates of determination of costs registered as 13 separate judgments in the Local Court. Separate judgments, as explained in the judgment, if enforced by a writ for the levy of property require the issue of a separate writ for each separate judgment.
The defendant sought the assistance of the Court to facilitate execution of the judgments in the exceptional circumstances by means of the appointment of a receiver. The Court found there were exceptional circumstances in the proceedings and ordered that the costs orders be enforced by the appointment of a receiver and sequestrator without the requirement for security. The Court also ordered that a writ of sequestration issue authorising the receiver as sequestrator to take possession of the property of the plaintiffs and each of them, including to collect, receive and sequester all the rents and profits of any such real property and to collect, receive and sequester the personal property of the plaintiffs.
The Court ordered that the plaintiffs pay the defendant’s costs of and incidental to the receiver motion, the setting aside motion and the adjournment application.
Richard Parsons appeared for the defendant.
The judgment can be found here.
