Quadunion Builders Pte Ltd v Aircraft Support Industries Pty Ltd (No. 2) [2015] NSWSC 1857

Supreme Court New South Wales

Medium Neutral Citation: Quadunion Builders Pte Ltd v Aircraft Support Industries Pty Ltd (No. 2) [2015] NSWSC 1857 Hearing dates: 2 December 2015 Date of orders: 07 December 2015 Decision date: 07 December 2015 Before: Adamson J Decision: 1. Dismiss the defendant's notice of motion filed 24 November 2015.

2. Unless an application for a different order is made in writing to my Associate within seven days, order the defendant to pay the plaintiff's costs of the notice of motion.

3. Grant liberty to the plaintiff to approach the Registrar to obtain, in consultation with the defendant, a date for the hearing of the examination ordered by the Registrar on 22 September 2015. Catchwords: CIVIL LAW – enforcement of judgments – examination orders – application for examination order to be set aside – whether failure to make full and frank disclosure at the time of ex parte application for examination order – whether legitimate forensic purpose for documents sought under examination order –examination by judgment creditor is not analogous to liquidator's examination – no material non-disclosure in present case – examination for a proper purpose – application dismissed Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Building and Construction Industry Security of Payment Act 2004 (Singapore), s 21 Civil Procedure Act 2005 (NSW), s 108 Corporations Act 2001 (Cth), ss 596A, 596B, 596C Criminal Appeal Act 1912 (NSW), s 5F Foreign Judgments Act 1991 (Cth), s 6 Uniform Civil Procedure Rules 2005 (NSW), rr 38.1, 38.2, Pt 53 Cases Cited: Attorney-General for New South Wales v Chidgey [2008] NSWCCA 65 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190; 78 NSWLR 393 Hong Kong Bank of Australia v Murphy (1992) 28 NSWLR 512 Quadunion Builders Pte Ltd v Aircraft Support Industries Pty Ltd [2015] NSWSC 1833 Re Owston Nominees No. 2 Pty Ltd [2013] NSWSC 538 Re Mendarma Pty Ltd (in liquidation) [2006] NSWSC 1306 Re Southern Equities Corporation Ltd (in liquidation); Bond and another v England (1997) 25 ACSR 394 Sutherland v Pascoe, in the matter of Matrix Group Ltd as Trustee for the Matrix Group Unit Trust (in liq) ACN 061 549 371 (No 2) [2012] FCA 1361 Wainter Pty Ltd, in the matter of New Tel Limited (in liq) ACN 009 068 955 [2005] FCAFC 114; 145 FCR 76 Category: Procedural and other rulings Parties: Quadunion Builders Pte Ltd (Plaintiff) Aircraft Support Industries Pty Ltd (Defendant) Representation: Counsel: R de Meyrick (Plaintiff) D Allen (Defendant)