NSW Caselaw
New South Wales Supreme Court
CITATION : Walter Construction Group v The Robbins Company [2004] NSWSC 549 HEARING DATE(S) : 18 June 2004 JUDGMENT DATE : 18 June 2004
JUDGMENT OF : McDougall J at 1 DECISION : See paras [26] and [36] of judgment
CATCHWORDS : PRACTICE AND PROCEDURE - Mareva orders - dispute under Building and Construction Industry Security of Payment Act 1999 (NSW) - where defendant is an American corporation - where work conducted in Australia through a subsidiary - where subsidiary has made substantial losses - where defendant has no assets in Australia apart from shareholding in subsidiary, debts owed to it by subsidiary, and adjudicated amount under Act - whether facts reveal a sufficient basis for grant of a Mareva order - whether power to grant a Mareva order enlivened by problems of enforcement within the jurisdiction, or enlivened by problems of enforcement generally Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Frigo v Culhaci (CA 40414/98, 17 July 1998, unreported) CASES CITED : Abella v Anderson [1987] 2 Qd R 1 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Barclay-Johnson v Yuill (1980) 1 WLR 1259 PARTIES : Walter Construction Group Ltd (Plaintiff) The Robbins Company (Defendant) FILE NUMBER(S) : SC 55026/04 COUNSEL : G Inatey SC/D T Miller (Plaintiff) J J E Fernon SC/T J Dixon (Defendant) SOLICITORS : Corrs Chambers Westgarth (Plaintiff) Watson & Watson (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY & CONSTRUCTION LIST
McDOUGALL J
Friday 18 June 2004 Ex tempore (Revised 22 June 2004)
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