Bindaree Beef v Chinatex (Australia) [2018] NSWSC 949

Supreme Court New South Wales

Medium Neutral Citation: Bindaree Beef v Chinatex (Australia) [2018] NSWSC 949 Hearing dates: 15/06/2018 Date of orders: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Plaintiff's application for leave to continue proceedings against first defendant dismissed with costs. Catchwords: CIVIL PROCEDURE – application for leave to continue proceedings against first defendant – where such leave would have short-lived effect – where plaintiff sought an adjournment at commencement of hearing – adjournment would render any leave granted inutile – application for adjournment denied – plaintiff thereby indicated it did not press its motion.

COSTS – where plaintiff submitted that it might re-agitate its motion at some later time – whether costs discretion should be exercised in a contingent way – where no utility in bringing the present application – costs should follow the event – insufficient basis to order costs on the indemnity basis. Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Bindaree Beef Pty Ltd (Plaintiff) Chinatex (Australia) Pty Ltd (First Defendant) Unibale Pty Ltd (Second Defendant) Chinatex Fortune Company Ltd (Third Defendant) Representation: Counsel: TW Marskell (Plaintiff) ML Rose (First Defendant) PR Gaffney (Second and Third Defendants)

Solicitors: Hunt Partners (Plaintiff) Dentons (First Defendant) Minter Ellison (Second and Third Defendants) File Number(s): 2017/377290