McLeary v Swift [2013] NSWSC 1674

Supreme Court New South Wales

Medium Neutral Citation: McLeary v Swift [2013] NSWSC 1674 Hearing dates: 8 November 2013 Decision date: 14 November 2013 Jurisdiction: Equity Division Before: Windeyer AJ Decision: Notice of Motion dismissed with costs. Questions in Statement of Issues answered "no". Catchwords: [JUDGMENTS AND ORDERS] - Enforcement of orders - Where defendant judgment debtor to third party - Where plaintiff not judgment creditor - Whether plaintiff can enforce judgment debt - Garnishee order - Writ of execution - Charging order.

[JUDGMENTS AND ORDERS] - Variation of orders - Whether orders should be varied to allow plaintiff to become a judgment creditor - Whether prayer for relief for damages not dealt with - Whether order should be corrected under slip rule - Whether abuse of process of seek variation while cross-appeal on foot - Uniform Civil Procedure Rules 2005, rr 36.16 and 36.17.

[JUDGMENTS AND ORDERS] - Enforcement orders - Inherent jurisdiction to vary orders - Whether jurisdiction should be exercised. Legislation Cited: Civil Procedure Act 2005 Rules of the Supreme Court 1965 (UK) Uniform Civil Procedure Rules 2005 Cases Cited: Beswick v Beswick [1968] AC 58 Gould v Vaggelas (1984) 157 CLR 215 McLeary v Swift [2012] NSWSC 1403 Newmont Yandal Operations Pty Ltd v The J Aron Corporation and the Goldman Sachs Group Inc (2007) 70 NSWLR 411 Paterson v Pongrass Group Operations Pty Limited [2011] NSWSC 1588 Category: Consequential orders Parties: Jeffrey John McLeary (Plaintiff) Martin Swift (Defendant) Representation: Counsel: FG Kalyk (Plaintiff) JT Johnson (Defendant) Solicitors: Shotters Lawyers (Plaintiff) Beazley Singleton Lawyers (Defendant) File Number(s): 2011/69385 Publication restriction: Nil