Hellier Capital Pty Limited v Richard Albarran [2009] NSWSC 403

New South Wales Supreme Court

CITATION : Hellier Capital Pty Limited v Richard Albarran [2009] NSWSC 403

HEARING DATE(S) : 12/05/09 and 13/05/09 JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 13 May 2009

DECISION : See paragraphs [24] and [25] of the judgment.

CATCHWORDS : JUDGMENTS AND ORDERS – enforcement of judgment debts – application to rescind instalment order – factors to be considered in exercise of discretion – public interest in allowing judgment debts to be enforced.

LEGISLATION CITED : Uniform Civil Procedure Rules

CATEGORY : Separate question

Cahill v Howe [1986] VR 630 Chint Australasia Pty Ltd v Cosmoluce Pty Limited [2008] NSWSC 1054 GFT Australia Pty Limited v Moore (Supreme Court of Victoria, 2 November 1992, unreported) CASES CITED : Leondaris v KGB Design & Construction Pty Ltd [1998] FCA 1354 Lewis v Leslie [ 2001] VSC 110 Limited v Tansey (Court of Appeal, 17 July 1995, unreported; BC 9505123 Red Lea Chickens Pty Limited v Tansey (Court of Appeal, 17 July 1995, unreported; BC 9505123

PARTIES : Hellier Capital Pty Limited (Plaintiff) Richard Albarran (Defendant)

FILE NUMBER(S) : SC 4058/08

COUNSEL : B Spinks (Solicitor) (Plaintiff) J McCarthy QC / B Katekar (Defendant)

SOLICITORS : Spinks Eagle Lawyers (Plaintiff) Etienne Lawyers (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

McDOUGALL J

13 May 2009 (ex tempore – revised 14 May 2009)

4058/08 HELLIER CAPITAL PTY LIMITED v RICHARD ALBARRAN JUDGMENT 1 HIS HONOUR: The plaintiff (Hellier) has recovered judgment against the defendant (Mr Albarran) in a sum exceeding $1.6 million. Mr Albarran applied to pay the judgment debt by instalments (UCPR r 37.2). That application was dealt with by a Registrar and an order was made (r 37.3). Hellier applies, pursuant to r 37.3(3), to have the instalment order rescinded.