Insurance Australia Limited trading as NRMA Insurance v Abboud [2018] NSWSC 1525

Supreme Court New South Wales

Medium Neutral Citation: Insurance Australia Limited trading as NRMA Insurance v Abboud [2018] NSWSC 1525 Hearing dates: 5 October 2018 Date of orders: 05 October 2018 Decision date: 05 October 2018 Jurisdiction: Common Law Before: Fagan J Decision: (1) Leave to appeal granted in respect of the decision of the Local Court made on 31 July 2018 refusing to set aside garnishee orders and refusing to order repayment of garnisheed amounts and a stay of proceedings in the Local Court. (2) Appeal allowed. (3) Orders made in the proceedings below on 31 July 2018 are varied to the following effect: (a) The garnishee orders issued on 9 and 28 May 2018 are set aside. (b) The proceedings in the Local Court are stayed until Ms Abboud, pursuant to order 4, has repaid to Insurance Australia Limited the garnisheed sum of $38,744 together with the costs which Ms Abboud is, by order 5, to pay in respect of the proceedings in this Court. (4) The defendant, Ms Abboud, is to pay to the plaintiff, Insurance Australia Limited, the sum of $38,744. (5) The defendant, Ms Abboud, is to pay to the plaintiff, Insurance Australia Limited, its costs of the summons, as assessed pursuant to s 98(4)(c) of the Civil Procedure Act in the total sum of $22,000 including disbursements. Catchwords: APPEALS – from Local Court – interlocutory orders – where default judgment and garnishee orders entered for plaintiff on basis of false affidavit evidence – garnisheed sum debited by defendant's bank from defendant's account pursuant to garnishee orders – where interlocutory Local Court orders setting aside default judgment – where orders for setting aside of garnishee orders, repayment of garnisheed sum and stay of proceedings refused – whether error – appeal allowed