Decon Australia Pty Ltd v Town Interiors Pty Ltd [2021] NSWSC 289

Supreme Court New South Wales

Medium Neutral Citation: Decon Australia Pty Ltd v Town Interiors Pty Ltd [2021] NSWSC 289 Hearing dates: 19 February 2021 Date of orders: 19 February 2021 Decision date: 19 February 2021 Jurisdiction: Equity Before: Rees J Decision: Refuse interim relief restraining defendant from dealing with proceeds of garnishee order, with costs. Catchwords: GARNISHEE ORDER – application to suspend – s.124A Civil Procedure Act – proceedings commenced 2018 – payment arrangement agreed – not observed – default judgment – first garnishee order unsatisfied – further payment arrangement – not observed – second garnishee order resulted in $458,000 – late application to set aside garnishee order and sue for business defects – refuse interim orders to require garnisheed moneys to be held in trust account – not satisfied appropriate to suspend garnishee order. Legislation Cited: Civil Procedure Act 2005 (NSW) s 124A Uniform Civil Procedure Rules 2005 (NSW) rr 36.15, 36.16 Cases Cited: Perpetual Trustees Australia Ltd v Heperu Pty Ltd (No 2) (2009) 78 NSWLR 190; [2009] NSWCA 387 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238; [2011] FCAFC 156 Category: Principal judgment Parties: Decon Australia Pty Ltd (Plaintiff) Town Interiors Pty Ltd (Defendant) Representation: Counsel: Mr DF Elliott (Plaintiff) Mr M Condon SC (Defendant)

Solicitors: Piper Alderman (Plaintiff) Sage Solicitors (Defendant) File Number(s): 2021/41359