HYUNDAI CORPORATION v LIFTRONIC PTY LIMITED [1993] NSWCA 142

HYUNDAI CORPORATION v LIFTRONIC PTY LIMITED SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA, MEAGHER JA and Cripps JA 21 June, 25 June 1993

[1993] NSWCA 142

Priestley JA, Meagher JA and Cripps JA. Before the court are summonses by three defendants for leave to appeal against orders made against them by Cole J in two proceedings with which he has been dealing together. Also before the court are applications by two of the three defendants for stays of interim orders for payment in the sum of $2,262,182 made against them by Cole J on 25 May 1993. The stays were sought pending the outcome of their applications for leave to appeal. The other defendant is not seeking a stay of the order against it, which was for payment of an amount of $1,831,432. That order had been made on 2 April 1993.

Cole J delivered detailed reasons on 25 May for the orders he then made. This court's decision is made by reference to the situation described in those reasons, and we say no more about the facts of the case than necessary to indicate why we make the orders which follow.

The proceedings in which Cole J's orders were made were brought by Liftronic Pty Limited ('Liftronic') against Hyundai Elevator Co Limited('HE'), Hyundai Corporation ("HC') and Hyundai Australia Pty Limited ('HA'). HC is the parent company of HE and HA; it is an extremely large company with a turnover of many billions of dollars per annum. Its headquarters are in Korea.

Liftronic's proceedings against each of the three defendants were on different bases, although all arose out of the one set of transactions.

The defendant against which Cole J made the order of 2 April 1993 was HE. The order was that the payment be made to Liftronic on or before 16 April 1993. Counsel for the defendants did not resist the making of that order against HE, except in regard to the time permitted for payment, but did resist any orders being made against the other two defendants.