Sharkey v Mayahi-Nissi [2015] NSWSC 104

Supreme Court New South Wales

Medium Neutral Citation: Sharkey v Mayahi-Nissi [2015] NSWSC 104 Hearing dates: 18 February 2015 Decision date: 18 February 2015 Jurisdiction: Equity Division Before: McDougall J Decision: Order that plaintiff be restrained from leaving the country and that he deliver up his passports Catchwords: PROCEDURE - interlocutory issues - injunctions - order in the nature of a writ of ne exeat colonia - whether to restrain plaintiff from leaving the country - where plaintiff may be required to recompense defendant in satisfaction of an equitable demand if successful in related proceedings - where plaintiff has no significant assets in Australia - risk of absconding from jurisdiction without giving security - where plaintiff has engaged in conduct that could be regarded as deceptive Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Beach Petrolem NL v Johnson (1992) 9 ACSR 404 Cardile v LED Builders (1999) 198 CLR 380 Glover v Walters (1950) 80 CLR 172 Talacko v Talacko (No 2) (2009) 25 VR 613 Category: Procedural and other rulings Parties: Donya Mayahi-Nissi (Applicant/Defendant/Cross Claimant) Christopher James Sharkey (First Respondent/Plaintiff/First Cross-Defendant) Sharkey Family Pty Ltd (Second Respondent/Second Plaintiff/Second Cross-Defendant) Representation: Counsel: J Hyde

Solicitors: Eakin McCaffery Cox (Applicant/Defendant/Cross Claimant) File Number(s): 2013/383023