Siemens WLL v BIC Contracting LLC - garnishee order - 2023 FCA 1664 - 22 December 2023
Country
Year
2023
Summary
PRIVATE INTERNATIONAL LAW - location of a chose in action - whether general principle that a debt is located where it is recoverable is displaced by special agreement of the parties or an exclusive right of suit rendering a location other than the debtor’s domicile the proper place of enforcement - where debt is owed by an Australian corporation arising under a contract subject to London arbitration and English law - whether debt situated in England - whether garnishing the debt is beyond the territorial jurisdiction of the Court or the reach of the statutory provision
PRACTICE AND PROCEDURE - garnishee orders - whether “inappropriate” - whether there exists a real or substantial risk of commercial harm to garnishee or other third parties
EVIDENCE - whether application to set aside a garnishee order is an “interlocutory proceeding” for the purposes of s 75 of the Evidence Act 1995 (Cth)