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AllowedSupreme Court of New South Wales·

Sheriff authorised to seize goods under writ of execution in NSW Supreme Court

Case No.

⚖️ Legal holding

An order under s.135 Civil Procedure Act 2005 may be granted to allow the Sheriff to enter premises to seize goods under a writ of execution if the Sheriff was previously refused entry.

Topics

execution of judgmentsheriff's powerswrit of execution

Provisions

Civil Procedure Act 2005 s 135Uniform Civil Procedure Rules 2005 r 39.52

📚 Full judgment

The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.

📄 Read the full judgment⚖️ View on the official court website ↗

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • The court found that the applicants had made a significant compromise regarding the amount of costs they sought.
  • The previous application by the respondent to pay by instalments was fully argued and rejected by a judge.
  • The current application by the applicants was predictable given the history of the case.

❌ Tends to be rejected

  • The respondent's explanation for not filing a Notice of Motion, due to inability to afford the filing fee, was not accepted as he could have applied to postpone the fee.
  • The respondent failed to prove that his affidavit was served on the applicants' legal representatives in a timely manner.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

How did the court decide, and why?

The Court decided to grant the order because the Sheriff was previously refused entry to the premises.

Which laws or rules were applied?

The Civil Procedure Act 2005 s 135 and the Uniform Civil Procedure Rules 2005 r 39.52 were applied.

What was the argument that mattered most?

The argument that mattered most was that the Sheriff was previously refused entry to the premises.

Was the decision for or against the person who brought the case?

The decision was for the person who brought the case.

What does this mean for someone in a similar situation?

For someone in a similar situation, if the Sheriff is refused entry to seize goods under a writ of execution, the Court may authorise the Sheriff to enter the premises.

What evidence or documents mattered?

The evidence that mattered was the Sheriff's previous refusal to enter the premises.

Official source: Supreme Court of New South Wales — this page does not reproduce the decision; it links to the court's own publication. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Supreme Court of New South Wales and is reproduced from NSW Caselaw (© State of New South Wales) under its published republication policy. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
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