Dr Sameh Refaat v Mr Michael Barry

Dr Sameh Refaat brought an action against Mr Michael Barry in the Supreme Court of Victoria, seeking to enforce a judgment debt of approximately $600,000. The judgment debtor applied for an instalment order to pay the debt, providing an affidavit which the Court found to be materially misleading. The dispute centred on the enforcement of the judgment and the appropriate procedural steps to be taken in light of the misleading affidavit.

The central legal issues revolved around whether the primary judge was correct in enjoining the settlement of the property sale by the judgment debtor without first paying the judgment debt from the proceeds of the sale. The Court needed to determine whether the primary judge's decision to issue an injunction was justified given the misleading affidavit, and whether the proposed appeal by the judgment debtor had a real prospect of success.

The Court found that the primary judge did not err in issuing the injunction, as the misleading affidavit warranted such action to protect the judgment creditor’s rights. The Court also held that the proposed appeal by the judgment debtor had no real prospect of success, and thus denied the application for leave to appeal. Consequently, the injunction remained in place, and the judgment debt was paid from the proceeds of the sale, in accordance with the court's order.

The Court ordered that the application for leave to appeal be refused and that the judgment debt be paid from the proceeds of the sale, as previously directed.