NADC, Ex parte- Underhill

The applicant, NADC, sought an order for the examination of a judgment debtor, Mr. Underhill, pursuant to s 562 of the *Companies (New South Wales) Act 1961* (NSW). The application was made ex parte and in chambers.

The central legal issue before Callinan J was whether the court had the power to make an order for the examination of a judgment debtor under s 562 of the *Companies (New South Wales) Act 1961* (NSW) in circumstances where the judgment was obtained in a court of a different State, namely Victoria.

Callinan J considered the scope of s 562, which permits the examination of a person liable to pay a judgment debt. His Honour noted that the section did not expressly limit its operation to judgments obtained within New South Wales. Applying the principle that legislation should be construed to give it the widest possible operation that its language permits, and considering the purpose of such examination provisions, which is to facilitate the recovery of debts, Callinan J concluded that the section was not confined to domestic judgments. The court's jurisdiction to make such orders was not restricted by the place where the judgment was obtained, provided the judgment debtor was amenable to the court's process.

The court made an order for the examination of Mr. Underhill.