Shinetec (Australia) Pty Ltd v The Gosford Pty Ltd; The Gosford Pty Ltd v Bank of China Ltd (No 3) [2023] NSWSC 1596

Supreme Court New South Wales

Medium Neutral Citation: Shinetec (Australia) Pty Ltd v The Gosford Pty Ltd; The Gosford Pty Ltd v Bank of China Ltd (No 3) [2023] NSWSC 1596 Decision date: 15 December 2023 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Judgment entered in favour of cross-claimant against cross-defendant stayed until further order; parties to undertake further steps in respect of Civil Ruling Catchwords: PRIVATE INTERNATIONAL LAW – where judgment that cross-defendant pay cross-claimant $37 million under letter of credit issued by cross-defendant in the People's Republic of China – where cross-defendant enjoined by order of Court in the PRC from making payment under letter of credit – orders with extraterritorial effect – whether judgment should be stayed pending approach to a court of competent jurisdiction in the PRC to discharge its order and pending application by cross-claimant to have this Court's judgment recognised in the PRC – where respectful request made by this Court to a court of competent jurisdiction in the PRC to consider its reasons for entering judgment against the cross-defendant and whether its orders should now be discharged CIVIL PROCEDURE – interest to judgment – where judgment debtor enjoined by order of Court in PRC from paying the amount the subject of the judgment Cases Cited: Shinetec (Australia) Pty Ltd v The Gosford Pty Ltd; The Gosford Pty Ltd v Bank of China Ltd (No 2) [2023] NSWSC 1405 AES-3C Maritza East 1 Eood v Credit Agricole Corporate and Investment Bank (previously known as Calyon Corporate and Investment Bank) [2011] EWHC 123 (TCC) Ralli Brothers v Compania Naviera Sota v Aznar [1920] 2 KB 287 Category: Consequential orders Parties: Shinetec (Australia) Pty Ltd (Plaintiff) The Gosford Pty Ltd (First Defendant/Cross-Claimant) David Anthony Hurst (Second Defendant) David Anthony Sampson (Third Defendant) Macquarie Bank Limited (Fifth Defendant) Bank of China Limited (Cross-Defendant) Representation: Counsel: M Galvin (Plaintiff) R G McHugh SC with R J May (First Defendant/Cross-Claimant, Second and Third Defendants) N J Owens SC with J B Kay Hoyle SC (Cross-Defendant)