Gibson v McIntosh [2015] NSWCA 112

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gibson v McIntosh [2015] NSWCA 112 Hearing dates: 23 April 2015 Decision date: 23 April 2015 Before: Leeming JA; JC Campbell AJA Decision: (1) Summons dated 4 February 2015 dismissed with costs. (2) Notice of motion filed 18 February 2015, dismissed with costs. Catchwords: PRACTICE – jurisdiction – defendants residents of New Zealand – plaintiff seeking to impugn agreement reached by defendants in New Zealand – no error shown in refusal of leave by primary judge – leave refused Legislation Cited: Bankruptcy Act 1966 (Cth), s 27 Cross-Border Insolvency Act 2008 (Cth), s 10 Supreme Court Act 1970 (NSW), s 101 Trans-Tasman Proceedings Act 2010 (Cth) Uniform Civil Procedure Rules 2005, r 11.4 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 The Age Company Ltd v Liu [2013] NSWCA 26; 82 NSWLR 268 Category: Principal judgment Parties: Neville James Gibson (Applicant) Alexander David Kaheel McIntosh (First respondent) Bernard Joseph Drumm (Second respondent) Representation: Counsel: Applicant (In person) J Darams (First respondent) File Number(s): 2015/35021 Decision under appeal Court or tribunal: Supreme Court of New South Wales Date of Decision: 8 January 2015 Before: Black J File Number(s): 2015/4617