In the matter of Jamac Excel Logistics Pty Ltd ACN 165 961 268) [2020] NSWSC 1036

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Jamac Excel Logistics Pty Ltd ACN 165 961 268) [2020] NSWSC 1036 Hearing dates: 6 August 2020 Date of orders: 6 August 2020 Decision date: 06 August 2020 Jurisdiction: Equity - Commercial Arbitration List Before: Ball J Decision: 1 The plaintiff has leave under s 8 of the International Arbitration Act 1974 (Cth) to enforce the award dated 26 April 2019 issued to the Plaintiff and the First Defendant by Mr Ningjie Nu of the China International Economic and Trade Arbitration Commission (reference CC18626) (the Award) as if it were a judgment of the Court. 2 The First Defendant pay to the Plaintiff USD 650,000, plus interest on USD 50,000 from the date of the Award at the rate of 3 percent per annum. 3 The First Defendant pay to the Plaintiff RMB297,511.50. 4 The First Defendant pay the Plaintiff the costs of the claim for relief in paragraphs 2 to 4 the originating process. 5 The plaintiff has leave to amend the Originating Process to add the following claims for relief: 6 An order under s 459A of the Corporations Act 2001, on the application of the Plaintiff under s 459P(1), that the First Defendant be wound up insolvency. 7 Further and in the alternative, an order under s 461(1)(k) of the Corporations Act 2001 that the First Defendant be wound up. 8 An order that Patrick Loi be appointed as the liquidator of the First Defendant. 9 Costs, in respect of orders 6 to 8 above. 6 The plaintiff shall file and serve the amended originating process on the First Defendant on or before 14 August 2020. 7 A direction that such amended originating process be made returnable before the Corporations List Registrar at 9am on 24 August 2020 for further directions. Catchwords: COMMERCIAL ARBITRATION – Order sought under International Arbitration Act 1974 (Cth), s 8 – No issues of principle Legislation Cited: Corporations Act 2001 (Cth) International Arbitration Act 1974 (Cth) Category: Procedural and other rulings Parties: Xiamen King East Far Supply Chain Co Ltd (Plaintiff) Jamac Excel Logistics Pty Ltd (First Defendant) Australian Securities and Investments Commission (Second Defendant) Representation: Counsel: J Hogan-Doran (Plaintiff)