NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: McLeary v Swift [2014] NSWSC 1414 Hearing dates: 1 October 2014 Decision date: 16 October 2014 Jurisdiction: Equity Division Before: Hallen J Decision: Direct the parties to bring in short minutes of order reflecting these reasons. Stand the matter over for 7 days, or such other mutually agreed period, to enable the short minutes of order to be prepared and delivered to my Associate. On the adjourned date, any argument as to the content of the short minutes of order or on the calculation of interest and the payment thereof will be heard. Catchwords: JUDGMENTS AND ORDERS - Enforcement of orders - Whether order should be varied to make payment by the Defendant to the Plaintiff rather than to the ATO in circumstances where the Plaintiff has caused payment to the ATO to be made - Enforcement orders - s 135 Civil Procedure Act - Inherent jurisdiction to vary orders - Whether jurisdiction should be exercised Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd [2007] NSWCA 57 Despot v Registrar General of NSW [2014] NSWSC 1002 Foster v ACCC [2014] FCA 240 Georges v Wieland [2010] NSWSC 1378 Hickie v Land Enviro Corp Pty Ltd [2013] NSWSC 706 McLeary v Swift [2012] NSWSC 1403 McLeary v Swift [2013] NSWSC 216 McLeary v Swift [2013] NSWSC 1674 McLeary v Swift [2014] NSWSC 870 Deborah Raulfs v Fishy Bite Pty Limited (No 3) [2013] NSWSC 1732 Riltang Pty Ltd v L Pty Ltd [2004] NSWSC 977 Stokes (by a tutor) v McCourt [2013] NSWSC 1014 Swift v McLeary [2013] NSWCA 173 Swift v McLeary [2014] NSWCA 52 Xu v Wan Ze Property Development (Aust) Pty Ltd (in Liquidation) [2014] FCA 461 Category: Principal judgment Parties: Jeffrey John McLeary (Plaintiff) Martin Smith (Defendant) Representation: Counsel: Mr R McKeand SC; Mr B Bradley (Plaintiff) Mr J T Johnson (Defendant) Solicitors: Shotters Lawyers (Plaintiff) Beazley Singleton Lawyers (Defendant) File Number(s): 2011/69385
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate