Nimmo v Papagiannopoulos [2006] NSWDC 27

New South Wales District Court

CITATION: Nimmo v Papagiannopoulos [2006] NSWDC 27

HEARING DATE(S): 23 June 2006

JUDGMENT DATE: 29 June 2006

JUDGMENT OF: Johnstone DCJ at 1

DECISION: The plaintiff is prohibited from taking further action to enforce judgment

CATCHWORDS: Practice and procedure - Section 73 Civil Procedure Act 2005 - Disputed settlement agreement - Enforcement of settlement in the same proceedings

LEGISLATION CITED: Civil Procedure Act 2005

Ajayi v R. T. Briscoe (Nigeria) Ltd [1964] 1 WLR 1326 Baulderstone Hornibrook Engineering Pty Limited v Gordian Runoff Limited [2006] NSWSC 223 CASES CITED: Darling Downs Investments Pty Ltd v Ellwood (1988) FCR 510 Foakes v Beer (1884) 9 App Cas 605 Roberts v Gippsland Agricultural & Earthmoving Contracting Co Pty Limited [1956] VLR 555 Shirlaw v Southern Foundries (1926) Ltd [1939] 2 KB 206

PARTIES: John Nimmo (Plaintiff) Peter Papagiannopoulos (Defendant)

FILE NUMBER(S): 494/2004

COUNSEL: Mr Butterfield (Plaintiff) Mr Jamieson (Defendant)

SOLICITORS: Marsdens (Plaintiff) Abigails (Defendant)

JUDGMENT

HIS HONOUR 1. This judgment relates to a Notice of Motion filed by the defendant on 30 March 2006, as amended on 28 April 2006. 2. The amended motion seeks an order "that the plaintiff be prohibited from taking further action to enforce a judgment in the sum of $200,000". 3. The defendant moves under s 135(2)(c) of the Civil Procedure Ac 2005 ("the CPA 2005"), which provides:

"(1) The court may, by order, give directions with respect to the enforcement of its judgments and orders.