Mohana-Reslan v Halvajieff [2012] NSWDC 124

District Court New South Wales

Medium Neutral Citation: Mohana-Reslan v Halvajieff [2012] NSWDC 124 Hearing dates: 28 August 2012 Decision date: 28 August 2012 Jurisdiction: Civil Before: Gibson DCJ Decision: Notation: (1) The defendant called outside Court 13D three times at 2:06pm - no response. Orders: (1) Until 5:00pm Friday 31 August 2012, upon the plaintiff, by its legal representatives, giving the usual undertaking as to damages, the defendant, by himself, his servants and agents, be restrained pursuant to r 25.11(1) Uniform Civil Procedure Rules 2005 (NSW) ("UCPR") from selling or disposing of his assets, namely the real property in folio identifiers A/328633 and 9/16788, known as and situated at 7 Bestic Street, Rockdale and 36 Stuart Street, Blakehurst in the State of New South Wales respectively, or dealing with the said assets by way of mortgage, charge, encumbrance or in any other manner adverse or prejudicial to the rights of the plaintiff as a judgment creditor or prospective judgment creditor, pending the final resolution of these proceedings. (2) The auction scheduled on 29 August 2012 for the property at 7 Bestic Street, Rockdale be immediately cancelled by the defendant or his servants or agents. (3) These proceedings stood over for further mention to Friday 31 August 2012 at 10:00am before Gibson DCJ. (4) Service of these orders is to be effected by 5:00pm today as follows: (a) upon Nick Sinclair of CBRE at nick.sinclair@cbre.com.au; (b) upon Daniel O'Brien of CBRE at daniel.obrien@cbre.com.au; and (c) upon the defendant by service upon his solicitors by email. (5) Costs reserved. (6) Liberty to restore on one day's notice. Catchwords: INJUNCTION - plaintiff seeks undertaking from defendant not to dispose of assets pending the hearing - defendant lists property for sale by auction without notifying plaintiff - application for interim preservation order granted Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 25.11 and 25.14 Cases Cited: TZ Ltd v ZMS Investments Pty Ltd [2010] NSWSC 196 Texts Cited: Ritchie Uniform Civil Procedure (LexisNexis) Category: Interlocutory applications Parties: Plaintiff: Linda Mohana-Reslan Defendant: Nikola Halvajieff Representation: Plaintiff: Mr Z Mandoh (solicitor) Defendant: No appearance Plaintiff: Mandoh & Associates Lawyers Defendant: No appearance File Number(s): 2011/299121 Publication restriction: None