McGuid -v- Office De Commercialisation et D'Exportation [2000] NSWSC 503

New South Wales Supreme Court

CITATION : McGuid -v- Office De Commercialisation et D'Exportation [2000] NSWSC 503 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50121/98 HEARING DATE(S) : 2.6.00, 5.6.00 JUDGMENT DATE : 8 June 2000

PARTIES : Sarwat McGuid t/as ABS Gulf -v- Office De Commercialisation et D'Exportation & National Australia Bank Limited & Export Finance Insurance Corporation JUDGMENT OF : Hunter J

COUNSEL : Plaintiff: M W Hadley Second Defendant: M Walton SC SOLICITORS : Plaintiff: Colinard & Co Second Defendant: Dibbs Crowther & Osborne CATCHWORDS : Practice and procedure - interlocutory order - no substantive right over which Court has jurisdiction - whether order should be maintained lis alibi pendens in relation to foreign proceedings - whether inherent jurisdiction or power of Court under s 23 or s 66(4) has any application - balance of convenience favouring maintaining order. CASES CITED : Riley McKay Pty Ltd -v- McKay [1982] 1 NSWLR 264 The Siskina [1979] AC 210 DECISION : Orders in terms of pars 1 and 2 of the Notice of Motion: Plaintiff to pay the second defendant's costs of the proceedings and of this application.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

HUNTER J

THURSDAY 8 JUNE 2000

50121/98 SARWAT MCGUID T/AS ABS GULF -V- OFFICE DE COMMERCIALISATION ET D'EXPORTATION & NATIONAL AUSTRALIA BANK LIMITED & EXPORT FINANCE AND INSURANCE CORPORATION

REASONS FOR JUDGMENT 1 National Australia Bank Limited (the bank), the second defendant in these proceedings, moves by way of Notice of Motion for the following orders: "1. the order made by this Court on 14 October 1998 that the second defendant be restrained from paying the Banque Marocaine Du Commerce, Casablanca, any amount on account of Sarwat McGuid, trading as ABS Gulf, pursuant to standby letter of credit AI2098048635, until further order, be discharged; 2. the proceedings as against the second defendant be dismissed; ..." 2 On 20 July 1999 Einstein J granted a permanent stay against the first defendant. His Honour's reasons for judgment, which were revised on 15 September 1999, conveniently set out the nature of the proceedings, and for ease of reference, the relevant paragraphs follow: "2 The parties to the proceedings are Sarwat McGuid trading as ABS Gulf ["Gulf"], OCE, National Australia Bank Limited ["the Bank] as second defendant and Export Finance Insurance Corporation ["EFIC"] as third defendant. ... 4 The plaintiff is a resident of New South Wales trading from premises at 12 Lily Street, Croydon Park, and is a Cost Accountant and Licensed Meat and Livestock Exporter. The first defendant is an entity formed and existing under the laws of the Kingdom of Morocco. The Bank is an Australian corporation. EFIC is an Australian corporation. ... 7 The dispute arises in relation to the April 1998 issue by OCE of a request for tenders to supply frozen bovine meat as specified.