Judgment
Daniel Simmons (t/a Simmons Enterprises) v Allan Moxam and Phyllis Moxam - Judgment
Civ App 0001/1986 · 1986-12-01
Appeal against conditional order for sale of judgment debtor’s land; Court clarified that “conditions” under s. 42 of the Judicature Law refer to sale terms, not payment plans; Set aside paragraphs suspending sale upon payment conditions; Remitted to Grand Court for proper inquiries and directions under s. 42; Provided detailed procedural guidelines for sale of land under judgment enforcement
Full metadata
| Cause Number | Civ App 0001/1986 |
|---|---|
| Court | CICA (Civ) |
| Judge | Henry JA, Kerr JA, Zacca JA |
| Parties | Daniel Simmons (t/a Simmons Enterprises) v Allan Moxam and Phyllis Moxam - Judgment |
| Judgment Date | 1986-12-01 |
| Subject | Appeal against conditional order for sale of judgment debtor’s land; Court clarified that “conditions” under s. 42 of the Judicature Law refer to sale terms, not payment plans; Set aside paragraphs suspending sale upon payment conditions; Remitted to Grand Court for proper inquiries and directions under s. 42; Provided detailed procedural guidelines for sale of land under judgment enforcement |
| Filename (current) | 86-12-01_daniel_simmons__ors_v_allan_moxam__ors.pdf |
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