Century Insurance Ltd (in provisional liq) & Anor v The New Zealand Guardian Trust Ltd & Ors [1997] FCA 1485

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE - application to set aside order granting leave to serve cross-claim outside of Australia - whether it is clearly arguable on material presented that there will be facts proven in the case, capable of supporting a proceeding of the character described in O 8 r 1 of the Federal Court Rules.

Federal Court Rules, O 9 r 7, O 8 rr 1a, 1(ac), 1(d), 2(2)

Fair Trading Act 1987 (NSW), s 42

Century Insurance Limited (In Provisional Liquidation) v New Zealand GuardianTrust Limited (Federal Court Of Australia, Lee J, 16 May 1996, unreported) cited

Voth v Manildra Flour Mills Proprietary Limited (1990) 171 CLR 538 applied

Vitkovice Horni A Hutni Tezirstvo v Korner [1951] AC 869 applied

Diamond v Bank Of London and Montreal Limited [1979] 1 QB 333 applied

State Of Western Australia v Bond Corporation Holdings Limited (Federal Court Of Australia, French J, 19 June 1992, unreported) applied

Tycoon Holdings Ltd v Trencor Jetco Inc (1992) 34 FCR 31 applied

CENTURY INSURANCE LIMITED (IN PROVISIONAL LIQUIDATION) AND ANOR v THE NEW ZEALAND GUARDIAN TRUST LIMITED AND ORS

WAG 81 of 1995

lee j

perth

26 february 1997

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 81 of 1995

GENERAL DIVISION

BETWEEN: CENTURY INSURANCE LIMITED (IN PROVISIONAL LIQUIDATION)

First Applicant

EDWARD JOHN BEBBINGTON AND DELORES EDNA BEBBINGTON

Second Applicants

AND: THE NEW ZEALAND GUARDIAN TRUST LIMITED

First Respondent

nzi INTERNATIONAL TRUSTEE COMPANY LIMITED

Second Respondent

DONALD ANDREW DAVIS

Third Respondent

THE NEW ZEALAND GUARDIAN TRUST LIMITED

First Cross-Claimant

nzi INTERNATIONAL TRUSTEE COMPANY LIMITED