Larkin v Merhi [2016] NSWLC 11

Local Court New South Wales

Medium Neutral Citation: Larkin v Merhi [2016] NSWLC 11 Hearing dates: 8, 26 April 2016 Decision date: 20 May 2016 Jurisdiction: Civil Before: Stapleton LCM Decision: Order the plaintiff to pay garnisheed moneys to the defendant; the motion for contempt dismissed; the plaintiff to pay the defendant's costs. Catchwords: CIVIL PROCEEDINGS – practice and procedure – restitution- moneys paid under garnishee order following default judgment – default judgment set aside – power of Local Court to order restitution of garnisheed moneys in substantive proceedings – civil contempt of court Legislation Cited: Civil Procedure Act 2005, s 101 Local Court Act 2007, s 30 Uniform Civil Procedure Rules 2005, r 49.20 Cases Cited: Cook v Australian Postal Corporation (unreported, Federal Court of Australia, 30 May 1997) Coshott v The Owners of SP No 48892 [2008] NSWSC 854 Go Electrical Pty Ltd v Class Electrical Services Pty Ltd [2013] NSWSC 517 Production Spray Painting & Panel Beating Pty Ltd v Newnham (No 2) (1992) 27 NSWLR 659 The Proprietors of Strata Plan 5399 v Feehan (unreported, Supreme Court of NSW, 8 February 1996) Texts Cited: Halsbury's Laws of Australia Category: Procedural and other rulings Parties: Stephen Larkin (the plaintiff) Tony Merhi (the defendant) Representation: Solicitors: R Qutami (for the defendant)

Plaintiff in person File Number(s): 2015/00269357