Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors; Idoport Pty Limited and Market Holdings Pty Limited v Donald Robert Argus [39] [2001] NSWSC 914

New South Wales Supreme Court

CITATION : Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors; Idoport Pty Limited and Market Holdings Pty Limited v Donald Robert Argus [39] [2001] NSWSC 914 FILE NUMBER(S) : SC 50113/98; 50026/99 HEARING DATE(S) : 17/10/01 JUDGMENT DATE : 17 October 2001

Idoport Pty Limited (Plaintiff) PARTIES : Market Holdings Pty Limited (Plaintiff) National Australia Bank Limited (Defendant) Donald Robert Argus (Defendant) JUDGMENT OF : Einstein J

Mr JJ Garnsey QC, Mr M Dicker (Idoport Pty Limited, Negubo Pty Limited, Investors Buying Service, JM Maconochie) COUNSEL : Mr MA Jones (Market Holdings Pty Limited in liquidation) Mr T Bathurst QC (Defendants) Withnell Hetherington (Idoport Pty Limited, Negubo Pty Limited, Investors Buying Service, JM Maconochie) SOLICITORS : Corrs Chambers Westgarth (Market Holdings Pty Limited in liquidation) Freehills (Defendants) CATCHWORDS : Application by liquidator of plaintiff/cross-claimant in liquidation for dismissal of proceedings so far as concerned its claims - Application by co-plaintiff/cross-claimant to be heard in opposition to liquidator's entitlement to move for dismissal of proceedings upon the basis of a pending appeal impugning the court order which had appointed the liquidator - holding that any such application was appropriate to be made elsewhere-orders made pursuant to Part 34 Rule 6A - costs of a party seeking dismissal of proceedings so far as concerned its claims. LEGISLATION CITED : Supreme Court Rules DECISION : The Court on the application of Market Holdings Pty Ltd (in liquidation) being a claimant for relief in proceedings No 50113 of 1998, both as a plaintiff in the proceedings and as the second cross-claimant to the second cross-claim, orders pursuant to Part 34 Rule 6A that the proceedings be dismissed so far as concerns any cause of action or the whole or any part of any claim for relief made in the proceedings by Market Holdings Pty Ltd (in liquidation).; The Court on the application of Market Holdings Pty Ltd (in liquidation) being a claimant for relief in proceedings No 50026 of 1999, orders pursuant to Part 34 Rule 6A that the proceedings be dismissed so far as concerns any cause of action or the whole or any part of any claim for relief made in the proceedings by Market Holdings Pty Ltd (in liquidation).; Order that the operation of these orders be stayed for a period of 24 hours.