Maschmann v Wenzel [2007] NSWSC 850

New South Wales Supreme Court

CITATION : Maschmann v Wenzel [2007] NSWSC 850

HEARING DATE(S) : 31 July 2007

JUDGMENT DATE : 7 August 2007

JURISDICTION : Common Law Division

JUDGMENT OF : Associate Justice Harrison

DECISION : (1) The judgment registered in this matter in this Court on 6 February 2007 is set aside; (2) The plaintiff is to pay the defendant's cost as agreed or assessed.

CATCHWORDS : Set aside registration of foreign judgment - notice of these proceedings - s 7(2)(a)(v)

LEGISLATION CITED : Foreign Judgments Act 1991 (Cth) - s 7

CASES CITED : Esso v Chan [1999] VSC 294

PARTIES : Ulrich Maschmann - Plaintiff Andreas Wenzel - Defendant

FILE NUMBER(S) : SC 16216/2006

COUNSEL : Mr T J Morahan - Plaintiff Ms E A Cohen - Defendant

SOLICITORS : Dammholz & Col - Plaintiff Neil J O'Connor & Associates - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ASSOCIATE JUSTICE HARRISON

TUESDAY, 7 AUGUST 2007

16216/2006 - ULRICH MASCHMANN v ANDREAS WENZEL

JUDGMENT (Set aside registration of foreign Judgment – notice of these proceedings - s 7(2)(a)(v)) 1 HER HONOUR: By notice of motion filed 13 March 2007 the plaintiff seeks pursuant to s 7 of the Foreign Judgments Act 1991 (Cth) that orders made on 6 February 2007, registering a foreign judgment, be set aside. 2 The plaintiff is Ulrich Maschmann. The defendant is Andreas Wenzel. The plaintiff relied on his affidavits sworn 30 November 2006 and 17 April 2007 and the affidavit of Daniel Bischoff affirmed 24 July 2007. The defendant relied on his affidavits sworn 9 May 2007 and 23 March 2007 and his wife Hilke Wenzel also sworn 9 May 2007.