Australian Executor Trustees Ltd v Nedanovski

[2013] NSWSC 2024

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Australian Executor Trustees Ltd v Nedanovski [2013] NSWSC 2024

Hearing dates:

12 December 2013

Decision date:

12 December 2013

Jurisdiction:

Common Law

Before:

Davies J

Decision:

Judgment varied in the following terms:

1. That the name of the Judgment Debtor be amended to read "Chris Nedanovski also known as Christopher Nedanovski also known as Chris Sazdanoff also known as Christopher Sazdanoff"

2. Orders to be entered forthwith.

Catchwords:

JUDGMENTS - power to vary - slip rule - where judgment debtor changed his name

Legislation Cited:

Uniform Civil Procedure Rules

Category:

Interlocutory applications

Parties:

Australian Executor Trustees Ltd (Plaintiff)
Chris Nedanovski (Defendant)

Representation:

Counsel:
M O'Connor (Plaintiff)
No appearance (Defendant)
Solicitors:

File Number(s):

2007/261803

Judgment

1. The Plaintiff applies to amend the name of the Defendant/Judgment Debtor to include a number of other names by which the Judgment Debtor is said to be known.

1. The Plaintiff obtained a judgment against the Defendant, who was then known as Chris Nedanovski, on 12 November 2007. The Plaintiff wishes to execute that judgment by issuing a garnishee notice on his wages.

1. The Plaintiff relies on an affidavit by a Senior Collections Officer of the Commercial Agency working to recover the debt owing to the Plaintiff.

1. The affidavit discloses that the Judgment debtor agreed that he changed his name in about 2009. Other checks disclosed that the date of birth and driver's licence number were the same for both of the names that the Judgment Debtor had been known as, that is, Nedanovski and Sazdanoff.

1. I am satisfied from that material that the Judgment Debtor Chris Nedanovski is the same person who now calls himself Chris or Christopher Sazdanoff.

1. I am satisfied that the power in r 36.16(3) UCPR is wide enough to enable a judgment to be varied to identify and name the Judgment Debtor by the various names he is shown to have used.

1. Accordingly I order that the name of the Judgment Debtor be amended to read "Chris Nedanovski also known as Christopher Nedanovski also known as Chris Sazdanoff also known as Christopher Sazdanoff".

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Amendments

24 February 2014 - Year of hearing changed from 2014 to 2013

Amended paragraphs: Coversheet

Decision last updated: 24 February 2014