Saba El-Hanania t/as Saba El-Hanania Lawyers v Vella (No 1) [2018] NSWDC 206

Saba El-Hanania t/as Saba El-Hanania Lawyers v Vella (No 1) [2018] NSWDC 206

Judgment previously entered in the sum of $250,219.24 was set aside by consent and judgment entered for $212,765.37 to take effect from the original judgment date, with credits given for monies recovered on a garnishee order. Pending motions and summonses in related proceedings were withdrawn and dismissed.

Parties
Plaintiff: Saba El-Hanania Lawyers; Defendant: Alon Joseph Vella
Jurisdiction
Australia
Judgment Date
31 May 2018
Procedural Posture
Civil / Interlocutory Ruling and Variation of Judgment
Outcome
Judgment previously entered set aside; new judgment entered for different amount by consent; motions and summonses withdrawn and dismissed.
Legal Topics
Setting Aside Judgment, Consent Orders, Withdrawal and Dismissal of Motions, Garnishee Orders
Practice and Procedure Setting Aside Judgment Consent Orders Withdrawal and Dismissal of Motions Garnishee Orders

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Parties

Saba El-Hanania Lawyers

Plaintiff

Alon Joseph Vella

Defendant

Procedural Posture

Civil / Interlocutory Ruling and Variation of Judgment

Legal Issues

  1. 1 Whether to set aside previous judgment and enter judgment for a different amount by consent
  2. 2 Appropriateness of withdrawing and dismissing pending motions
  3. 3 Effect of garnishee order on the judgment

Ratio Decidendi

Judgment previously entered in the sum of $250,219.24 was set aside by consent and judgment entered for $212,765.37 to take effect from the original judgment date, with credits given for monies recovered on a garnishee order. Pending motions and summonses in related proceedings were withdrawn and dismissed.

Court Disposition

Judgment previously entered set aside; new judgment entered for different amount by consent; motions and summonses withdrawn and dismissed.

Orders

  • Judgment entered on 25/10/17 in the sum of $250,219.24 is set aside by consent.
  • Judgment for the plaintiff against the defendant for $212,765.37 entered, effective from 25/10/17.