Reisner & Reisner

The parties to this proceeding were Reisner & Reisner, and the dispute concerned an application for an order for the examination of a judgment debtor. The matter came before Barry J of the Supreme Court of New South Wales.

The central legal issue before the Court was whether it had the power to make an order for the examination of a judgment debtor in circumstances where the judgment debtor was a company and the applicant sought to examine a director of that company.

Barry J determined that the Court did not have the power to make such an order. His Honour reasoned that the relevant legislation, specifically section 76 of the *Civil Procedure Act 2005* (NSW), only permitted the examination of a judgment debtor who was a natural person. The Act did not extend this power to the examination of a director of a corporate judgment debtor.

Consequently, the further hearing of the matter was adjourned for listing before another Judge of the Supreme Court of New South Wales, to be appointed by the Deputy Chief Justice.