NSW Caselaw
Reported Decision : 56 ACSR 474 (2006) 24 ACLC 215
New South Wales Supreme Court
CITATION : Global Realty Development Corp v Dominion Wines Ltd & Ors [2005] NSWSC 1221
HEARING DATE(S) : 28/11/05, 30/11/05
JUDGMENT DATE : 30 November 2005
Equity Division JURISDICTION : Corporations List
JUDGMENT OF : Barrett J
DECISION : Proceedings transferred to Supreme Court of Victoria. Application for interlocutory orders restraining company and liquidator from acting upon winding up resolution and completing sale of property dismissed.
CATCHWORDS : CORPORATIONS - civil proceedings arising under Corporations legislation - whether court invested with jurisdiction by Corporations Act should set aside originating process or decline to exercise jurisdiction in case of forum non conveniens - whether proceedings should be transferred to another court invested with such jurisdiction - CORPORATIONS - plaintiff seeks order setting aside resolution of creditors that company be wound up - interlocutory application for orders restraining company and liquidator acting upon such resolution and completing contract for sale - whether serious question to be tried - balance of convenience - EQUITY - interlocutory injunctions - balance of convenience - undertakings to court by plaintiff - usual undertaking as to damages and undertaking to pay money to certain persons in certain events - plaintiff is foreign corporation with no presence and no assets in the jurisdiction - indication of willingness to pay inadequate sum into court
Corporations Act 2001 (Cth), ss.600B, 1337F, 1337H LEGISLATION CITED : Uniform Civil Procedure Rules 2005, rule 12.11(1)(a) and (h)
Advance Communications Technologies Inc v Advance Communications Technologies (Aust) Pty Ltd [2002] VSC 348 Hotline Communications Ltd v Hinkley (1999) 44 IPR 445 J Aron & Co v Newmont Yandel Operations Pty Ltd (2003) 47 ACSR 243 CASES CITED : Kirwan v Cresvale Far East Ltd (2002) 42 ACSR 21 Re DStore Ltd; Dwyer v Hindal (2005) 52 ACSR 335 Voth v Manildra Flour Mills Ltd (1990) 171 CLR 538 Young v Sherman (2002) 170 FLR 86
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