Edwards v Tandeer Pty Ltd (in liquidation) [1998] FCA 1811

JUDGMENT No. 2244... L228,

GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA ) No. NG 3167 of 1996 NEW SOUTH WALES DISTRICT REGISTRY )

BETWEEN: GRAHAM EDWARDS

Applicant AND: TANDEER PTY LIMITED (IN LIQUIDATION) First Respondent JOAN MARY JACQUOT Second Respondent MARGARET GAI SMITH Third Respondent REASONS FOR JUDGMENT EINFELD J SYDNEY 10 MARCH 1998

By application dated 16 December filed on 18 December 1997, Graham Edwards applies for what are described as "garnishee orders" and "garnishee notices" to be served on two different organisations. The first is the Westpac Bank at The Boulevard, Strathfield, in relation to an account said to be in the name of the second respondent, Joan Mary Jacquot; the second is sought to be served on the National Australia Bank at Liverpool Road, Ashfield in respect of an account in the name of the third respondent, Margaret Gai Smith. Each application seeks to garnishee amounts allegedly standing in those asserted accounts of $3875.51 plus interest and costs of $638.80, apparently to meet an alleged debt by the

first respondent to the applicant. There was no appearance by any of the other parties.

With regard to the application concerning the alleged account of Margaret Gai Smith in

the National Bank, the Court has previously disposed of three applications by Mr

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Edwards, in virtually identical terms. His first application was filed on 16 July 1996 and disposed of on 9 August 1996 when I dismissed the application for the reasons set out in a judgment given at the time. The first of the two subsequent identical or almost identical applications came before Justice Tamberlin on 12 August 1996 in the form of a reference by a Registrar for a direction under Order 46 Rule 7(a) as to whether the process ought to be accepted and filed. In a judgment given on that day, his Honour held that the process should not be accepted and he gave a direction to the Registrar accordingly. The second further application of the same kind came before Justice Sackville on 12 September 1996 when for reasons given by his Honour at the time, the Registrar was also directed,