Global Realty Development Corp v Dominion Wines Ltd & Ors [2005] NSWSC 1221

Global Realty Development Corp v Dominion Wines Ltd & Ors [2005] NSWSC 1221

The Supreme Court of NSW is not a clearly inappropriate forum but, based on the interests of justice and balance of convenience, proceedings are appropriately transferred to the Supreme Court of Victoria as Melbourne has the most real and substantial connection to the dispute. Interlocutory relief is refused due to plaintiff being a foreign corporation with no assets or presence in jurisdiction and insufficient undertakings offered for potential damages, making the balance of convenience strongly favour the defendants.

Parties
Plaintiff: Global Realty Development Corp; First Defendant: Dominion Wines Ltd (in liquidation); Second Defendant: Mark Francis Xavier Mentha; Third Defendant: Plunkett Killeen Pty Limited
Jurisdiction
Australia
Judgment Date
30 November 2005
Procedural Posture
Corporations Civil Proceeding / Interlocutory Application; Transfer Order
Outcome
Proceedings transferred; interlocutory orders sought by plaintiff dismissed; costs awarded to defendants.
Legal Topics
Forum Non Conveniens, Jurisdiction, Interlocutory Injunctions, Transfer of Proceedings, Winding Up Resolution, Balance of Convenience
Corporations Equity Forum Non Conveniens Jurisdiction Interlocutory Injunctions Transfer of Proceedings Winding Up Resolution Balance of Convenience

Case Brief

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Parties

Global Realty Development Corp

Plaintiff

Dominion Wines Ltd (in liquidation)

First Defendant

Mark Francis Xavier Mentha

Second Defendant

Plunkett Killeen Pty Limited

Third Defendant

Procedural Posture

Corporations Civil Proceeding / Interlocutory Application; Transfer Order

Legal Issues

  1. 1 Whether Supreme Court of NSW is an inappropriate forum and proceedings should be terminated or transferred to another court
  2. 2 Whether interlocutory orders restraining the company and liquidator from acting upon winding up resolution and sale of property should be granted
  3. 3 Balance of convenience between parties

Ratio Decidendi

The Supreme Court of NSW is not a clearly inappropriate forum but, based on the interests of justice and balance of convenience, proceedings are appropriately transferred to the Supreme Court of Victoria as Melbourne has the most real and substantial connection to the dispute. Interlocutory relief is refused due to plaintiff being a foreign corporation with no assets or presence in jurisdiction and insufficient undertakings offered for potential damages, making the balance of convenience strongly favour the defendants.

Court Disposition

Proceedings transferred; interlocutory orders sought by plaintiff dismissed; costs awarded to defendants.

Orders

  • Proceedings transferred to Supreme Court of Victoria under s.1337H Corporations Act 2001 (Cth).
  • Plaintiff’s interlocutory applications dismissed.