Siemens WLL v BIC Contracting LLC (stay) [2023] FCA 1669

Federal Court of Australia

Siemens WLL v BIC Contracting LLC (stay) [2023] FCA 1669 File number: NSD 1152 of 2021

Judgment of: STEWART J

Date of judgment: 22 December 2023

Catchwords: PRACTICE AND PROCEDURE – stay of orders setting aside garnishee order – prejudice to applicants if stay not granted – risk of harm to garnishee and other third parties – balance of convenience

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Commercial Arbitration

Number of paragraphs: 10

Date of hearing: 22 December 2023

Counsel for the Applicants: C Harris

Solicitor for the Applicants: Clayton Utz

Counsel for the Respondent: The Respondent did not appear.

Counsel for the garnishee, LMENA Pty Ltd: D Harris

Solicitor for the garnishee, LMENA Pty Ltd: Allens

ORDERS NSD 1152 of 2021

BETWEEN: SIEMENS W.L.L. First Applicant

SIEMENS AKTIENGESELLSCHAFT Second Applicant

AND: BIC CONTRACTING LLC Respondent

LMENA PTY LTD Garnishee

order made by: STEWART J DATE OF ORDER: 22 DECEMBER 2023

THE COURT ORDERS THAT:

1. Order 3 of the orders made on 11 September 2023 be vacated. 2. The garnishee order for debts issued upon LMENA Pty Ltd on 11 September 2023 be set aside. 3. The applicants, jointly and severally, pay LMENA Pty Ltd's costs. 4. The parties have liberty to apply to vary order 3 by filing and serving any evidence and brief submissions in support of any such variation by 16 February 2024, in which event: (a) any party opposing the variation file and serve any evidence and brief submissions in opposition within seven days thereafter; (b) the party applying for the variation file and serve brief submissions in reply within seven days thereafter; and (c) subject to further order, the application for variation be determined on the papers. 5. The above orders be stayed until 5:00pm on 5 January 2024. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.