Global Metal Group Pty Ltd v Fineston Company Ltd [2016] NSWSC 1044

Supreme Court New South Wales

Medium Neutral Citation: Global Metal Group Pty Ltd v Fineston Company Ltd [2016] NSWSC 1044 Hearing dates: 28 July 2016 Date of orders: 28 July 2016 Decision date: 28 July 2016 Jurisdiction: Equity Before: Barrett AJA Decision: 1. Order that the proceedings be dismissed. 2. Order that the plaintiff pay the defendant's costs of the proceedings Catchwords: PROCEDURE – where documents required by usual order for hearing not received by day preceding that appointed for hearing – inquiries by judge's associate elicits information that plaintiff became subject to winding up after commencement of proceedings and that its solicitor has no instructions – letter addressed to judge then received direct from plaintiff's liquidator asserting that the proceedings are stayed by s 471B and asking the judge whether the proceedings will be now discontinued – a pointless and unhelpful letter inappropriately sent – solicitor for plaintiff appears at hearing but has no instructions – no appearance by or for liquidator – solicitor for defendant seeks dismissal with costs – such orders made. Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Camden Council v Rafailidis (No 5) [2014] NSWLEC 85 Harrington v Newman [2016] QCA 187 Stanizzo v Badarne [2014] NSWSC 689 Tugrul v Tarrants Financial Consultants Pty Limited (in liquidation) [No 2] [2013] NSWSC 1971 Texts Cited: "Chatting with Chambers" (2014) 88 ALJ 103 Category: Principal judgment Parties: (P) Global Metal Group Pty Ltd (D) Fineston Company Ltd Representation: Solicitors: (P) Mr R Djundja of Jordan Djundja Lawyers (D) Mr D Turner of Norton Rose Fulbright Australia File Number(s): 2016/89199 Publication restriction: Nil