In the matter of VE Group Pty Limited ACN 137 596 117 [2014] NSWSC 159

Supreme Court New South Wales

Medium Neutral Citation: In the matter of VE Group Pty Limited ACN 137 596 117 [2014] NSWSC 159 Hearing dates: 27 February 2014 Decision date: 27 February 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: The statement of claim be struck out with leave to replead. The proceedings be stayed until: the proceedings presently pending in the Federal Circuit Court of Australia numbered (P)SYC4008/2012 are transferred to this Court to be heard with these proceedings; or an application is made to this Court for the transfer of these proceedings to the Family Court of Australia; or further order of the Court. The balance of the interlocutory process be dismissed. Catchwords: CORPORATIONS - examination - relating to insolvency - who may apply - PROCEDURE - courts and judges - where related proceedings in Federal Circuit court - forum conveniens - transfer of proceedings - stay of proceedings Legislation Cited: (Cth) Corporations Act 2001, s 232, s 237, s 596B, s 598, s 1317H (Cth) Family Law Act 1975 (Cth) Federal Circuit Court Act 1999, s 39 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Service and Execution of Process Act 1992 (NSW) Uniform Civil Procedure Rules 2005 r 42.21(1)(e) Cases Cited: Ariff v Fong (2010) 79 NSWLR 392 Valceski v Valceski (2007) 70 NSWLR 36 Category: Interlocutory applications Parties: VE Group Pty Ltd (plaintiff) Wei Xu (defendant) Representation: Counsel: TJ Morahan (plaintiff) R Kouchoo (solicitor) (defendant) Solicitors: Chen Shan Lawyers (plaintiff) Maxim Legal (defendant) File Number(s): 2013/256742