Federal Court of Australia
Federal Court of Australia
Binqld Finances Pty Ltd (In Liq) v Israel Discount Bank Limited; In the Matter of Binqld Finances Pty Ltd (In Liq) (No 2) [2020] FCA 1208 File number: NSD 1600 of 2015
Judgment of: FOSTER J
Date of judgment: 20 August 2020
Catchwords: PRACTICE AND PROCEDURE – whether service of originating process on a foreign corporate defendant validly effected in accordance with the Federal Court Rules 2011 and the Hague Convention should be discharged or set aside – whether this proceeding should be permanently stayed because it was commenced in contravention of exclusive jurisdiction clauses in favour of Israel – whether this proceeding should be permanently stayed because the Federal Court of Australia is a clearly inappropriate forum for the litigation of the pleaded claims – whether this proceeding should be permanently stayed or service set aside in the exercise of the Court's residual discretion to decline to confirm service
Legislation: Acts Interpretation Act 1901 (Cth), ss 21(b), 38 Corporations Act 2001 (Cth), ss 79, 181, 182, 1317H Evidence Act 1995 (Cth), s 80 Conveyancing Act 1919 (NSW), s 37A Federal Court Rules 2011, rr 9.02, 10.41, 10.42, 10.43, 13.01, Div 10.4
Cases cited: ACN 078 272 867 Pty Ltd (In Liq) (formerly Advance Finances Pty Ltd) v Binetter; In the Matter of ACN 078 272 867 Pty Ltd (In Liq) (formerly Advance Finances Pty Ltd) [2018] FCA 952 Barnes v Addy (1874) LR 9 Ch App 244 BCI Finances Pty Ltd (In Liq) v Binetter (No 4) (2016) 348 ALR 227 BCI Finances Pty Ltd (In Liq) v Binetter (2018) 362 ALR 597 Binqld Finances Pty Ltd (In Liq) v Israel Discount Bank Limited; In the Matter of Binqld Finances Pty Ltd (In Liq) [2019] FCA 1186 Bray v F Hoffman-La Roche Ltd (2003) 130 FCR 317 Commissioner of Taxation v Israel Discount Bank Limited [2020] FCAFC 71 Commonwealth Bank of Australia v White [1999] 2 VR 681 Costa Vraca Pty Ltd v Bell Regal Pty Ltd [2003] FCAFC 305 Farah Constructions Pty Limited v Say-Dee Pty Limited (2007) 230 CLR 89 Fletcher v Capstone Aluminium SDN BHD; In the Matter of McLay Industries Pty Ltd (In Liq) [2016] FCA 1459 Ho v Akai Pty Ltd (In Liq) (2006) 247 FCR 205 Israel Discount Bank Ltd v ACN 078 272 867 Pty Ltd (In Liq) (formerly Advance Finances Pty Ltd) (2019) 367 ALR 71 Nicholls v Michael Wilson & Partners Ltd (2010) 243 FLR 177 OJSC Oil Company Yugraneft (In Liq) v Abramovich [2008] EWHC 2613 (Comm) Perdaman Chemicals & Fertilisers v Griffin Coal Mining Company Pty Ltd [2011] FCA 1425
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