BE Australia WD Pty Ltd (subject to a deed of company arrangement) v Sutton [2016] NSWSC 485

Supreme Court New South Wales

Medium Neutral Citation: BE Australia WD Pty Ltd (subject to a deed of company arrangement) v Sutton [2016] NSWSC 485 Hearing dates: 7 December 2015 Date of orders: 22 April 2016 Decision date: 22 April 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The decision of Registrar Kenna dated 8 September 2015 is affirmed.

(2) The defendant's amended notice of motion filed 7 December 2015 is dismissed.

(3) The defendant is to pay the plaintiff's costs of the notice of motion filed 7 December 2015 on an ordinary basis as agreed or assessed. Catchwords: PROCEDURE – order of Registrar for writ of execution – review by the Court pursuant to UCPR r 49.19 – writ related to judgment debts assigned under s 12 of the Conveyancing Act 1919 (NSW) – whether assignment effected despite incorrect file number – debt could be identified with sufficient particularity – not in interests of justice to set aside Registrar's decision PROCEDURE – judgments and orders – stay – enforcement of costs judgment under s 135 of the Civil Procedure Act 2005 (NSW) – justice of the case does not require a stay Legislation Cited: Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: APT Finance Pty Ltd v Bajada [2008] WASCA 73 Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd & Anor [2007] NSWCA 57; 69 NSWLR 374 Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd & Anor [2006] NSWSC 560 BE Australia WD Pty Ltd v Sutton [2011] NSWCA 414 C2C Investments Pty Limited v Commonwealth Bank of Australia (No 2) [2013] NSWSC 521 GE Mortgage Solutions Ltd v Whild (No 2) [2014] VSC 581 Grizonic v Suttor [2011] NSWSC 471 International Leasing Corporation (Vic) Ltd v Aiken [1967] 2 NSWR 427 McIntosh v Shashoua (1931) 46 CLR 494 Noble Earth Technologies Pty Ltd v Hampic Pty Ltd trading as Cyndan Chemicals [2012] NSWSC 935 Norman v Federal Commissioner of Taxation (1963) 109 CLR 9; [1964] ALR 131; [1963] HCA 21 Permewan Wright Consolidated Pty Limited v Attorney General in and for the State of New South Wales on the relation of Franklins' Stores Pty Ltd (1978) 35 NSWLR 365 Robinson v Becata Pty Ltd [2004] NSWSC 310 Sutton v BE Australia WD Pty Ltd (Subject to a Deed of Company Arrangement) [2012] HCATrans 167 Sutton v BE Australia WD Pty Ltd [2010] NSWSC 772 Treadwell v Hickey [2009] NSWSC 1395 WF Harrison and Co Ltd v Burke [1956] 2 All ER 169; [1956] 1 WLR 419 Texts Cited: J G Starke QC, Assignments of Choses in Action in Australia (1st ed, 1972 Butterworths) Category: Procedural and other rulings Parties: BearingPoint Inc (Applicant) Mary Sutton (Defendant) Representation: Counsel: A Shearer (Applicant) MJ Lewis (Defendant)