Eltran Pty Ltd & Ors v Westpac Banking Corporation & Ors [1987] FCA 146

Eltran Pty Ltd & Ors v Westpac Banking Corporation & Ors [1987] FCA 146

Given the lack of suggested prejudice to the applicants and the reservations about the Federal Court's powers to grant specific relief (particularly under s.95 Property Law Act and in relation to Mareva injunctions), it is appropriate to grant leave to Westpac to bring proceedings in the Supreme Court of Queensland for the claimed amounts, subject to undertakings regarding the scope of judgment and execution pending the outcome of Federal Court claims for set-off.

Parties
First Applicant: Eltran Pty. Limited; Second Applicant: Premaydena Pty. Ltd.; Third Applicant: Creswell Place Pty. Ltd.; Fourth Applicant: Adam's Row Pty. Ltd.; Fifth Applicant: Carter Lane Pty. Ltd.; Sixth Applicant: Bernard Street Pty. Ltd.; Seventh Applicant: Oraca Pty. Ltd.; Eighth Applicant: Binon Pty. Ltd.; Ninth Applicant: Trevor Ronald King; First Respondent: Westpac Banking Corporation; Second Respondents: John Geoffrey Allpass and Alan Raphael Tuttle
Jurisdiction
Australia
Judgment Date
24 March 1987
Procedural Posture
Interlocutory Motion / Order on Application for Leave (24 March 1987)
Outcome
Leave granted to first respondent to issue proceedings in the Supreme Court of Queensland against the applicants, subject to undertakings; remainder of relief adjourned.
Legal Topics
Leave to Commence Proceedings, Summary Judgment, Set Off in Equity, Mareva Injunction, Mortgages and Enforcement, Jurisdiction and Relief From Acceleration, Procedural Powers of Federal and Supreme Court
Banking and Finance Property Law Civil Procedure Leave to Commence Proceedings Summary Judgment Set Off in Equity Mareva Injunction Mortgages and Enforcement +2 more

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Parties

Eltran Pty. Limited

First Applicant

Premaydena Pty. Ltd.

Second Applicant

Creswell Place Pty. Ltd.

Third Applicant

Adam's Row Pty. Ltd.

Fourth Applicant

Carter Lane Pty. Ltd.

Fifth Applicant

Bernard Street Pty. Ltd.

Sixth Applicant

Oraca Pty. Ltd.

Seventh Applicant

Binon Pty. Ltd.

Eighth Applicant

Trevor Ronald King

Ninth Applicant

Westpac Banking Corporation

First Respondent

John Geoffrey Allpass and Alan Raphael Tuttle

Second Respondents

Procedural Posture

Interlocutory Motion / Order on Application for Leave (24 March 1987)

Legal Issues

  1. 1 Whether leave should be granted to Westpac to commence proceedings in the Supreme Court of Queensland against the applicants for debt and interest claims.
  2. 2 Whether Westpac can pursue summary judgment in the Supreme Court and seek a Mareva injunction.
  3. 3 Whether relief from acceleration under s.95 of the Property Law Act 1974 can be exercised by the Federal Court in accrued jurisdiction.

Ratio Decidendi

Given the lack of suggested prejudice to the applicants and the reservations about the Federal Court's powers to grant specific relief (particularly under s.95 Property Law Act and in relation to Mareva injunctions), it is appropriate to grant leave to Westpac to bring proceedings in the Supreme Court of Queensland for the claimed amounts, subject to undertakings regarding the scope of judgment and execution pending the outcome of Federal Court claims for set-off.

Court Disposition

Leave granted to first respondent to issue proceedings in the Supreme Court of Queensland against the applicants, subject to undertakings; remainder of relief adjourned.

Orders

  • Leave given to first respondent to issue proceedings in the Supreme Court of Queensland against the first to ninth applicants for CHF 15,054,794.91 and JPY 173,885,173 comprising debts and interest from 31 October 1986 to judgment at claimed rates, on undertakings regarding the extent of execution and application...
  • Relief in paragraphs 2 and 3 of the Notice of Motion adjourned.