Homebuilding Pty Ltd v Cappello (No. 3) [2024] NSWDC 407

District Court New South Wales

Medium Neutral Citation: Homebuilding Pty Ltd v Cappello (No. 3) [2024] NSWDC 407 Hearing dates: 6 September 2024 Date of orders: 10 September 2024 Decision date: 10 September 2024 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph [90] Catchwords: CIVIL PROCEDURE – judgment creditor's enforcement of costs orders – application to authorise Sheriff to enter premises of judgment creditor to take possession of goods – Sheriff interpleader CIVIL PROCEDURE – whether compliance with rules for filing and serving notices of motion – filing requirement – whether requirement to 'seal' motion –requirement for personal service – whether direction for informal service should be made ADMINISTRATIVE LAW – functions of Sheriff under Sheriff Act 2005 (NSW) – whether by applying for interpleader, the Senior Sergeant in whose name the application was brought had exceeded authority Legislation Cited: Civil Procedure Act 2005 (NSW), ss 17(3), 63(3) Sheriff Act 2005 (NSW), ss 3-6 Sheriff Regulation 2021 (NSW), reg 4 Uniform Civil Procedure Rules 2005 (NSW), rr 4.12, 6.2, 10.14, 43.3, 43.5-8 Cases Cited: Cappello v Homebuilding Pty Ltd [2024] NSWCA 88 Kennett v Charlton [2007] NSWSC 190 McPherson, Thom & Co v Sandhurst and Northern District Trustees, Executors and Agency Co Ltd (1929) The Argus Law Reports 240 Roberts v Investwell Pty Ltd (in liq) [2021] NSWCA 134 Smith v Nixon (1885) 7 ALT 74 Texts Cited: Nil Category: Procedural rulings Parties: Homebuilding Pty Ltd (Judgment Creditor) Mr Rosario Cappello (Judgment Debtor) Ms Maria Cappello (Judgment Debtor) Litigation Fund WCX Pty Ltd (Claimant) NSW Sheriff's Office Representation: Counsel: Mr D O'Connor (Judgment Creditor) Mr C Marshall (NSW Sheriff's Office)