Nathan Elali v Carl Frederik Reinhold Mahrs & Anor (No. 3) [2014] NSWSC 58

Supreme Court New South Wales

Medium Neutral Citation: Nathan Elali v Carl Frederik Reinhold Mahrs & Anor (No. 3) [2014] NSWSC 58 Hearing dates: 11 February 2014 Decision date: 11 February 2014 Jurisdiction: Equity Division Before: Slattery J Decision: 1. Stand the matter over for directions to 9.30am on Monday 17 February 2014. 2. I order the plaintiff to pay in respect of his after acquired property the subject of these proceedings the sum of $3,440 to the defendants by 5pm Friday, 14 February 2014, being for mesne profits for his occupation of the premises for the period up to and including 14 February 2014. 3. I order the applicant on motion to serve at subject premises a copy of the charge on which they propose to rely in support of their 30 January 2014 motion in conformity with Part 55, rule 7. Catchwords: PROCEDURE - motion filed by defendants for contempt of court - whether the motion complies with the Supreme Court Rules, Part 55, Rule 7 - directions given - no question of principle. Legislation Cited: Supreme Court Rules 1970, Part 55, r 7 Uniform Civil Procedure Rules 2005 Pt 40 r 6, 7, 8 Cases Cited: Nathan Elali v Carl Frederik Reinhold Mahrs & Anor [2013] NSWSC 1883 Nathan Elali v Carl Frederik Reinhold Mahrs & Anor (No. 2) [2013] NSWSC 1976 Category: Consequential orders Parties: Plaintiff:- Nathan Elali (a bankrupt) First Defendant: Carl Frederik Reinhold Mahrs Second Defendant:- Melinda Mahrs Representation: Solicitors: Plaintiff- in person First & Second Defendant- M. Smith Brander Smith McKnight File Number(s): 2013/302179 Publication restriction: No