Bannister v Healey & Anor (No 3) [2013] QDC 248

1 [2013] QDC 248 DISTRICT COURT OF QUEENSLAND CIVIL JURISDICTION JUDGE ROBIN QC No 3805 of 2011 NIKKI BANNISTER Plaintiff and DENNIS ALAN HEALEY and ANOTHER Defendant BRISBANE 10.55 AM, TUESDAY, 23 JULY 2013 JUDGMENT CATCHWORDS Judgment against added defendant upon failure to make agreed payments under a compromise the defendant bound herself to - she was not permitted to reopen that issue Uniform Civil Procedure Rules r658 -- 1 of 2 -- __________________________________________________________________________________ 2 JUDGMENT HIS HONOUR: The court makes an order in terms of the initialled draft. It advances matters beyond the stage they reached on the 23rd of May this year before me. The active respondent is Ms Lindeblad, given that Mr Healey is bankrupt. She resists the proposal realised in the order that judgment be entered against her but in my view is not entitled to do so given that I disposed against her of questions as to 5 whether she ought to – she bears any liability to the plaintiff or ought even to be a party in the proceeding. Those views were not challenged on appeal and cannot be revisited today. See [2013] QDC The applicant is doing no more than that to take advantage of her entitlement under a 10 compromise agreement which I decided on the last occasion is good as against Ms Lindeblad to have judgment entered in light of the respondents’ failure to make a payment of $75,000 which ought to have been made by the end of January. The small payments made do not even cover interest at the agreed rate. Rule 658 is ample warrant for the order made today in support of which Mr Fleming QC referred 15 to Warwick v Tankey [2004] QSC 274, In particular in the reasons at paragraph [19] it’s appropriate that the judgment which gives credit for the instalments received include interest at the agreed rate. I note Ms Lindeblad’s professed concern that the orders made today which continue 20 the freezing order that’s been long in place stand in the way of her continuing to seek a buyer for the vessel, Nitro. Mr Fleming has confirmed that on the basis of proceeds of any sale being subject of the freeze, he and his client would be delighted if a sale eventuated since that might promote her prospects of finally obtaining satisfaction of what’s still owing under the judgment. 25 ______________________ 30 -- 2 of 2 --