Adamson v Ede [2008] NSWSC 1184

New South Wales Supreme Court

CITATION : Adamson v Ede [2008] NSWSC 1184

HEARING DATE(S) : 2 & 30 May 2008

JUDGMENT DATE : 10 November 2008

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

1) The defendant's amended notice of motion filed in Court on 24 April 2008 is dismissed. DECISION : 2) I direct the parties to bring in short minutes of orders to give effect to these reasons. 3) I will hear the parties as to costs.

LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 1999

CATEGORY : Procedural and other rulings

Australian Beverage Distributors Pty Limited v Evans & Tate (2006) 58 ACSR 22; [2006] NSWSC 560 CASES CITED : Australian Beverage Distributors Pty Limited v Evans & Tate (2007) 61 ACSR 441; [2007] NSWCA 57 In Re A debtor, No. 21 of 1950 (No. 2); Ex parte The Petitioning Creditors v The Debtor [1951] CH 612 Padkohe Pty Limited v Fletcher [2006] NSWSC 1239

TEXTS CITED : The Law of Set-Off, 3rd ed 2003

PARTIES : Christopher Michael Adamson (Plaintiff) Kenneth John Ede (Defendant)

FILE NUMBER(S) : SC 20311/04

COUNSEL : In Person (Plaintiff) Mr R Horsley (Defendant)

SOLICITORS : Horowitz & Bilinsky (Defendant)

- 15 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

McCALLUM J

10 NOVEMBER 2008

20311/04 Christopher Michael ADAMSON v Kenneth John EDE

JUDGMENT 1 HER HONOUR: Christopher Adamson and Kenneth Ede appear to have once had a civilised relationship. They are now firmly entrenched in bitter and unseemly dispute. The circumstances of their falling out were not disclosed in the evidence. Mr Adamson stated only that he had been Mr Ede's solicitor until June 2003 and that in September 2003 Mr Ede had broken off relations with him without warning. 2 In August last year Mr Adamson obtained a verdict against Mr Ede in these proceedings for $60,000 for defamation. He now seeks to enforce that judgment, while Mr Ede seeks to have its execution stayed on the basis that Mr Adamson owes him more than he owes Mr Adamson.