Hargraves Secured Investments Pty Limited v Sharpe [2013] NSWSC 1456

Supreme Court New South Wales

Medium Neutral Citation: Hargraves Secured Investments Pty Limited v Sharpe [2013] NSWSC 1456 Hearing dates: 21 August 2013 Decision date: 21 August 2013 Jurisdiction: Common Law Before: Adams J Decision: 1. I order that with the exception of an application for leave to appeal to the Court of Appeal in relation to the judgment of Harrison J of 13 May 2013 no application in relation to the proceedings against him by the defendant is to be listed for hearing without first the leave of a Judge of the Court being granted, such leave being determined on the papers. 2. Notice of motion is dismissed with costs. 3. I assess the amount of costs of and incidental to the hearing of the present notice of motion at $4000 and order that it be paid within 21 days of the date hereof. Catchwords: MORTGAGES - possession - application for an injunction restraining the respondent from taking enforcement action under its registered mortgage - issues already determined

PRACTICE AND PROCEDURE - unmeritorious multiple notices of motion - applicant on own admission unable to meet costs orders past and future - further notices of motion not to be filed without leave Legislation Cited: Farm Debt Mediation Act 1994 Cases Cited: Hargraves Secured Investments Limited v Sharpe [2013] NSWSC 1151 Hargraves Secured Investments Limited v Sharpe [2013] NSWSC 940 Hargraves Secured Investments Limited v Sharpe [2013] NSWSC 539 Hargraves Secured Investments Limited v Sharpe [2013] NSWSC 177 Hargraves Secured Investments Limited v Sharpe [2012] NSWSC 1519 Category: Interlocutory applications Parties: Hargraves Secured Investments Limited (Plaintiff) David George Sharpe (Defendant) Representation: Counsel: Solicitors: Hargraves Solicitors (Plaintiff) Self-represented (Defendant) File Number(s): 2012/41764