Allen v CGI Holdings Pty Ltd (No.1)

DISTRICT COURT OF QUEENSLAND CITATION:  Allen v CGI Holdings Pty Ltd (No.1) [2021] QDC 238 PARTIES:  REECE JUSTIN ALLEN   (Plaintiff/Applicant) vCGI HOLDINGS PTY LTD ACN 156 152 359(Defendant/Respondent) FILE NO: 1465/21 DIVISION: Civil PROCEEDING: Application ORIGINATING COURT:  Brisbane District Court DELIVERED ON: 20 September 2021 (ex tempore) DELIVERED AT: Brisbane HEARING DATE:  20 September 2021 JUDGE: Porter QC DCJ ORDERS: 1.   Stay further steps to give effect to the enforcement warrant issued on 12 August 2021, to the extent it relates to the shares in CGI Kingaroy Pty Ltd and CGI Water Pty Ltd, until further order; and 2.   Grant leave to judgment creditor to bring the matter on before Judge Porter QC for further consideration. CATCHWORDS: PROCEDURE – JUDGMENTS AND ORDERS –WARRANTS OF SEIZURE AND SALE – where the plaintiff obtained default judgment against the defendant – where the judgment creditor has sought enforcement warrants to recover judgment debt with limited success – where the known property of the enforcement debtor is shares in a company – whether shares in a company could be seized and sold under an enforcement warrant – whether the express power to issue an enforcement warrant by charging order over shares means that shares are impliedly excluded from the scope of an enforcement warrant to seize and sell property   CASES: Lloyds & Scottish Finance Ltd v Modern Cars& Caravans (Kingston) Ltd [1966] 1 QB 764 LEGISATION: Uniform Civil Procedure Rules 1999 (Qld), rr 828, 874-880, 982, Chapter 19, Part 4 and Part 8 COUNSEL:...