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

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

The order for examination was made for a proper purpose, being the enforcement of a judgment that remained unsatisfied, and there was no material non-disclosure by the plaintiff; matters concerning the defendant's arbitration in Singapore and associated claims were not material to the examination application and, even if disclosed, would not have deterred the granting of the order.

Parties
Plaintiff: Quadunion Builders Pte Ltd; Defendant: Aircraft Support Industries Pty Ltd
Jurisdiction
Australia
Judgment Date
07 December 2015
Procedural Posture
Notice of Motion (procedural) in Civil Enforcement / Ruling on Application to Set Aside Examination Order
Outcome
Notice of motion dismissed; conditional order for costs in favour of plaintiff; leave to arrange hearing date for examination.
Legal Topics
Enforcement of Judgments, Examination Orders, Material Non Disclosure, Legitimate Forensic Purpose, Civil Procedure Costs, Foreign Judgment Registration
Civil Procedure Enforcement of Judgments Examination Orders Material Non Disclosure Legitimate Forensic Purpose Civil Procedure Costs Foreign Judgment Registration

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Parties

Quadunion Builders Pte Ltd

Plaintiff

Aircraft Support Industries Pty Ltd

Defendant

Procedural Posture

Notice of Motion (procedural) in Civil Enforcement / Ruling on Application to Set Aside Examination Order

Legal Issues

  1. 1 Whether failure to make full and frank disclosure at ex parte application for examination order requires setting aside of order.
  2. 2 Whether a legitimate forensic purpose exists for documents sought under examination order.
  3. 3 Whether a judgment entered after registration of a Singapore judgment based on an adjudication determination can be enforced by examination in NSW.

Ratio Decidendi

The order for examination was made for a proper purpose, being the enforcement of a judgment that remained unsatisfied, and there was no material non-disclosure by the plaintiff; matters concerning the defendant's arbitration in Singapore and associated claims were not material to the examination application and, even if disclosed, would not have deterred the granting of the order.

Court Disposition

Notice of motion dismissed; conditional order for costs in favour of plaintiff; leave to arrange hearing date for examination.

Orders

  • Dismiss the defendant's notice of motion filed 24 November 2015.
  • Unless an application for a different order is made in writing within seven days, order the defendant to pay the plaintiff's costs of the notice of motion.