Chint Australasia Pty Limited v Cosmoluce Pty Limited [2008] NSWSC 1054

New South Wales Supreme Court

CITATION : Chint Australasia Pty Limited v Cosmoluce Pty Limited [2008] NSWSC 1054

HEARING DATE(S) : 3/10/08

JUDGMENT DATE : 8 October 2008

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

DECISION : Order to be made rescinding the instalment order made on 27 August 2008

CATCHWORDS : Practice and procedure - Plaintiff succeeds in substantial commercial list proceedings obtaining judgment in the sum of $5,000,333 plus interest - Defendant succeeds before Registrar in application to pay judgment debt in instalments over a period of two years under rule 37.3 Uniform Civil Procedure Rules 2005 - Plaintiff applies by notice of motion under rule 37.3 for rescission or variation of instalment order - Proceedings before Court by hearing de novo - Consideration of genealogy of provisions for payment by instalment orders - Principled approach to exercise of relevant discretion - Prima facie entitlement of party having succeeded in obtaining substantial success in major commercial litigation to be in a position to enforce the Court's order - Particularly special circumstances required to be shown to deny a successful party its entitlement to enforce a court order

Civil Procedure Act 2005 [NSW] LEGISLATION CITED : Imprisonment of Fraudulent Debtors Act 1958 [Vic] Magistrates (Summary Proceedings) Act 1975 [Vic] Uniform Civil Procedure Rules 1995 (NSW)

CATEGORY : Consequential orders

CASES CITED : Cahill v Howe [1986] VR 630 Lewis v Leslie [2001] VSC 110

PARTIES : Chint Australasia Pty Limited (Plaintiff) Cosmoluce Pty Limited (Defendant)