District Court New South Wales Medium Neutral Citation: Saba El-Hanania t/as Saba El-Hanania Lawyers v Vella (No 1) [2018] NSWDC 206 Hearing dates: 31 May 2018 Date of orders: 31 May 2018 Decision date: 31 May 2018 Jurisdiction: Civil Before: Neilson DCJ Decision: 2017/322206: By consent, I set aside judgment entered on 25/10/17 in the sum of $250,219.24. In lieu thereof, I enter judgment for the plaintiff against the defendant for $212,765.37. Such judgment to take effect from 25/10/17. Therefore, credit to the Defendant/Judgment debtor for monies recovered on the garnishee order issued on 27/12/17. 2018/68777: Motion filed by the defendant in these proceedings on 26/4/18 is withdrawn and dismissed. Motion filed by the appellant in these proceedings on 27/4/18 is withdrawn and dismissed. I grant leave to the appellant to withdraw the summons which is accordingly dismissed. Catchwords: PRACTICE AND PROCEDURE Category: Procedural and other rulings Parties: Saba El-Hanania Lawyers (Plaintiff) Alon Joseph Vella (Defendant) Representation: Counsel: Mr D Leamey (Plaintiff) Mr P Tierney (Defendant) File Number(s): 2017/322206; 2018/28777 Publication restriction: Nil Judgment 1. HIS HONOUR: I direct that matter number 00322206 of 2017 filed in the District Court at Orange between Alon Joseph Vella as plaintiff and Saba El-Hanania as defendant be listed before me today. By consent, I set aside judgment entered on 25 October 2017 in the sum of $250,219.24. In lieu thereof, I enter judgment for the plaintiff against the defendant for $212,765.37. Such judgment to take effect from 25 October 2017. Therefore, credit to the defendant/judgment debtor for monies recovered on the garnishee order issued on 27 December 2017 according to p 1, or 22 December 2017 according to p 2. 2. Now, I've made that order. Now, the other orders I propose are these. TIERNEY: Sorry, your Honour. Your Honour him (?) your order? HIS HONOUR: Yes. TIERNEY: There's something of importance. Your Honour made an order in favour of the plaintiff-- HIS HONOUR: Yes. TIERNEY: --against the defendant. The summons is actually filed by the solicitor. HIS HONOUR: No, no, no. That's an order I've made in matter number 00322206 of 2017 at Orange. Not in these proceedings. When I said that the plaintiff was-- TIERNEY: Thank you, your Honour. HIS HONOUR: --Alon Joseph Vella and the defendant was Saba El-Hanania. TIERNEY: Thank you, your Honour. HIS HONOUR: Yes. You weren't listening. TIERNEY: I was looking at the summons, your Honour. 1. HIS HONOUR: Now, the next orders that I propose to make are that the motion filed by the defendant in these proceedings on 26 April 18 is withdrawn and dismissed. Motion filed by the appellant in these proceedings on 27 April 18 is withdrawn and dismissed. I grant leave to the appellant to withdraw the summons. Are the orders appropriate? TIERNEY: Yes, your Honour. HIS HONOUR: All right. 1. I make the following orders in these proceedings, that is, in matter number 00068777, 2018: the motion filed by the defendant in these proceedings on 26 April 2018 is withdrawn and dismissed; the motion filed by the appellant in these proceedings on 27 April 2018 is withdrawn and dismissed; I grant leave to the appellant to withdraw the summons. Now, you want to be heard on the question of costs? 1. TIERNEY: Just before that, your Honour. I just wonder whether your Honour wouldn't make an order to actually dismiss the summons? LEAMEY: He did. TIERNEY: It's granting leave rather than-- HIS HONOUR: Yes, I suppose that's right. 1. Withdrawn summons which is, accordingly, dismissed. It's the usual form of the order, isn't it, Mr Leamey? LEAMEY: I believe so, yes, your Honour. HIS HONOUR: Yes, all right. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 03 August 2018