ML Ubase Holdings Co Ltd v Trigem Computer Inc [2007] NSWSC 859

Reported Decision : 69 NSWLR 577

New South Wales Supreme Court

CITATION : ML Ubase Holdings Co Ltd v Trigem Computer Inc [2007] NSWSC 859

HEARING DATE(S) : 25 & 26 September 2006

JUDGMENT DATE : 8 August 2007

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

DECISION : Order that motion for payment pursuant to garnishment notice be dismissed. Order that garnishment notice be discharged. Order that judgment creditor pay garnishee's costs.

CATCHWORDS : JUDGMENTS AND ORDERS – Enforcement – Garnishment – Form of Garnishment Notice – whether invalidated by failure to particularise debt sought to be attached – held, it is not – debt due or accruing – whether paid prior to date of attachment – where garnishee had effectively assigned third party debt to judgment debtor – held, debt paid - Discretion – Private International Law - whether local order for payment prevails against supervening foreign administration – held, it does - whether order for payment should be made where foreign scheme of arrangement pending at date of attachment – held, it should not. CORPORATIONS – external administration – where corporation is subject of foreign scheme of arrangement – whether local garnishment proceedings are an "external administration matter" – held, they are not. EVIDENCE – Privilege – litigation privilege – communications between party's solicitor and expert witness – whether entitled to litigation privilege – where witness' report served – whether privilege in anterior communications including letter of instructions waived – held, privilege in associated documents is not waived by service or tender of report alone.

(CTH) Corporations Act 2001 ss 580, 581 (NSW) Civil Procedure Act 2005 s 6, Sch 6 (NSW) Evidence Act 1995 ss 119, 122, 126 LEGISLATION CITED : (NSW) Supreme Court Rules 1970 Pts 36, 46; Sch K (NSW) Uniform Civil Procedure Rules rr 31.23, 39.35; Sch 7 (ROK) Civil Procedure Act (ROK) Corporate Reorganisation Act Arts 4, 37, 39, 67 (UK) Judgment Extension Act 1868