Metro Chatswood Pty Ltd v CRI Chatswood Pty Ltd (in liq) & anor [2011] NSWSC 434

Supreme Court New South Wales

Medium Neutral Citation: Metro Chatswood Pty Ltd v CRI Chatswood Pty Ltd (in liq) & anor [2011] NSWSC 434 Hearing dates: 30 March 2011 Decision date: 30 March 2011 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: Order that proceedings be transferred to Land and Environment Court. Catchwords: PRACTICE AND PROCEDURE - transfer of proceedings from Supreme Court to Land and Environment Court - where related proceedings on foot in Land and Environment Court - where issue in Supreme Court is whether claim for relief in Land and Environment Court will be "encumbrance" within meaning of transactional documents so as to disentitle bank from calling in guarantee -- Supreme Court natural forum for contractual interpretation - doubt as to jurisdiction of Land and Environment Court to restrain bank calling on guarantee - matters will traverse same evidence - no reason why Land and Environment Court not capable of dealing with question of construction - convenient that matter be heard in Land and Environment Court. CORPORATIONS - second defendant in liquidation - relief claimed not susceptible of procedure by proof of debt - only able to be obtained by court proceedings - leave granted to commence proceedings against second defendant in liquidation. Legislation Cited: (NSW) Civil Procedure Act 2005, s 149B. (CTH) Corporations Act 2001, s 500(2). Category: Principal judgment Parties: Metro Chatswood Pty Ltd (plaintiff) CRI Chatswood Pty Ltd (in liq) (first defendant) Commonwealth Bank of Australia (second defendant) Babcock & Brown International P/L (third defendant) Representation: Counsel: Mr I M Jackman SC w T J Breakspear (plaintiff) Mr M R Elliott (first defendant) Ms S Mirzabegian (second defendant) Solicitors: Kemp Strang (plaintiff) Blake Dawson (first defendant) Freehills (second defendant) Mallesons Stephen Jaques (third defendant) File Number(s): 2011/102760