NSW Caselaw
New South Wales Supreme Court
CITATION : Gregory Winfield Hall v Peter Francis Malone & ORs [2005] NSWSC 625
HEARING DATE(S) : 17/06/05
JUDGMENT DATE : 20 June 2005
JUDGMENT OF : White J
DECISION : Make orders in accordance with paragraphs 1, 2 and 3 of the interlocutory process filed on 10 January 2005.; Exhibits may be returned.
CATCHWORDS : PRACTICE AND PROCEDURE - Application to transfer proceedings to another state - Liquidator's claim against directors for insolvent trading - Liquidator is in NSW - Finance and management functions of company performed in Western Australia - Likely witnesses resident in WA - Liquidator contends case against directors is largely documentary - Corporations Act ss 588G, 1337H, 1337L, 1337M - Proceedings in NSW would cause substantial personal hardship to the applicant defendants - Held that justice is best served by transferring the proceedings to WA.
LEGISLATION CITED : Corporations Act 2001 (Cth)
CASES CITED : Re Dstore Ltd (Receivers & Managers Appointed) (In Liq); Dwyer & Anor v Hindal Corporate Pty Ltd (2005) 52 ACSR 335
Gregory Winfield Hall in his Capacity as Official Liquidator of New Tel Ltd (In Liquidation) PARTIES : v Peter Francis Malone & Ors
FILE NUMBER(S) : SC 6710/04
Plaintiff: R A Dick, P Flynn COUNSEL : 1st & 2nd Defendants: Dr A J Bell 5th Defendant: A Phipps (sol)
Plaintiff: Blake Dawson Waldron SOLICITORS : 1st & 2nd Defendants: Sparke Helmore 5th Defendant: Gilbert & Tobin Lawyers
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
WHITE J
Monday, 20 June 2005
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