Sharkey v Mayahi-Nissi [2015] NSWSC 104

Sharkey v Mayahi-Nissi [2015] NSWSC 104

The order restraining Mr Sharkey from leaving the country and requiring him to surrender his passports is justified because there is a good arguable case for an equitable demand by Ms Nissi, admitted liability by Mr Sharkey if he succeeds, lack of relevant assets in Australia, and a demonstrated risk of absconding, thereby potentially frustrating satisfaction of a prospective judgment.

Parties
Applicant/defendant/cross Claimant: Donya Mayahi-Nissi; First Respondent/plaintiff/first Cross Defendant: Christopher James Sharkey; Second Respondent/second Plaintiff/second Cross Defendant: Sharkey Family Pty Ltd
Jurisdiction
Australia
Judgment Date
18 February 2015
Procedural Posture
Interlocutory Application / Ex Parte Application for Injunction/order in the Nature of Ne Exeat Colonia
Outcome
Order made: Plaintiff (Mr Sharkey) restrained from leaving Australia and required to deliver up his passports until arrangements for securing payment to Ms Nissi are made.
Legal Topics
Interlocutory Injunctions, Ne Exeat Colonia, Freezing Orders, Equitable Debt or Demand
Equity Procedure Interlocutory Injunctions Ne Exeat Colonia Freezing Orders Equitable Debt or Demand

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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

Procedural Posture

Interlocutory Application / Ex Parte Application for Injunction/order in the Nature of Ne Exeat Colonia

Legal Issues

  1. 1 Whether an order in the nature of a writ of ne exeat colonia should be made restraining the plaintiff from leaving Australia
  2. 2 Whether the applicant has an equitable debt or demand justifying the order
  3. 3 Whether there is a risk that the plaintiff will abscond and frustrate a prospective judgment

Ratio Decidendi

The order restraining Mr Sharkey from leaving the country and requiring him to surrender his passports is justified because there is a good arguable case for an equitable demand by Ms Nissi, admitted liability by Mr Sharkey if he succeeds, lack of relevant assets in Australia, and a demonstrated risk of absconding, thereby potentially frustrating satisfaction of a prospective judgment.

Court Disposition

Order made: Plaintiff (Mr Sharkey) restrained from leaving Australia and required to deliver up his passports until arrangements for securing payment to Ms Nissi are made.

Orders

  • Applicant by counsel gives the usual undertaking as to damages.
  • Orders made in accordance with paragraphs 1 and 2 of the initialled form of order dated 18 February 2015.