Transworld Group Limited v Natcor Properties Pty Ltd [2013] FCA 1467

Transworld Group Limited v Natcor Properties Pty Ltd [2013] FCA 1467

The Court declined to revisit the value of the undertaking as to damages because the evidence about its value was at best equivocal, the second applicant appeared to have significant assets including debts owed by apparently substantial debtors and stock on hand, the respondents had earlier accepted undertakings while having knowledge of the applicants' affairs, and the proceedings were well advanced with no proper basis shown to disturb the existing interim position.

Jurisdiction
Australia
Judgment Date
03 September 2013
Procedural Posture
Federal Court Interlocutory Application in Proceedings With Cross Claim / Orders and Reasons on Interlocutory Application Filed 1 July 2013, Amendment of Cross Claim, Substituted Service, Interim Relief, Extension of Time and Service Out
Outcome
Leave to amend the notice of cross-claim and statement of cross-claim was granted; the application for substituted service and prayers 4 to 8 of the interlocutory application were dismissed; time for compliance with an earlier order was extended; any application for service out was to be filed within 14 days; costs...
Legal Topics
['undertaking as to Damages' 'interlocutory Orders' 'substituted Service' 'service Out of the Jurisdiction' 'amendment of Cross Claim' 'rescission of Contract' 'chattels']
['civil Procedure' 'commercial Law' 'contract Law'] ['undertaking as to Damages' 'interlocutory Orders' 'substituted Service' 'service Out of the Jurisdiction' 'amendment of Cross Claim' 'rescission of Contract' 'chattels']

Case Brief

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Procedural Posture

Federal Court Interlocutory Application in Proceedings With Cross Claim / Orders and Reasons on Interlocutory Application Filed 1 July 2013, Amendment of Cross Claim, Substituted Service, Interim Relief, Extension of Time and Service Out

Legal Issues

  1. 1 ['Whether to revisit the question of the value of the undertaking as to damages extracted on 26 April 2013.' 'Whether the respondents had demonstrated a proper basis for revisiting the interim position established by earlier interlocutory orders.' 'Whether prayers 4 to 8 of the interlocutory application filed 1 July 2013 should be granted.' 'Whether time for the applicants to comply with order 3 of the orders made on 26 July 2013 should be extended.']

Ratio Decidendi

The Court declined to revisit the value of the undertaking as to damages because the evidence about its value was at best equivocal, the second applicant appeared to have significant assets including debts owed by apparently substantial debtors and stock on hand, the respondents had earlier accepted undertakings while having knowledge of the applicants' affairs, and the proceedings were well advanced with no proper basis shown to disturb the existing interim position.

Court Disposition

Leave to amend the notice of cross-claim and statement of cross-claim was granted; the application for substituted service and prayers 4 to 8 of the interlocutory application were dismissed; time for compliance with an earlier order was extended; any application for service out was to be filed within 14 days; costs...

Orders

  • ['The respondents have leave to amend the notice of cross-claim in terms of exhibit one.' 'The respondents have leave to amend the statement of cross-claim in terms of exhibit two.' 'The application for substituted service (prayer three of the interlocutory application filed 1 July 2013) is dismissed.' 'Prayers four...