Quiktrak Networks Pty Ltd v Housely Technology Ltd & Anor [2007] NSWSC 4
Based on Mr Pallister’s evidence and the terms of the letter of credit and presented invoice, there is a strong probability that the invoice does not evidence a genuine transaction, amounting to actual fraud. Given the risk of enforcement difficulties and the urgency, an interlocutory injunction is warranted.
- Parties
- Plaintiff: Quiktrak Networks Pty Ltd; First Defendant: Housely Technology Limited; Second Defendant: National Australia Bank Limited
- Jurisdiction
- Australia
- Judgment Date
- 03 January 2007
- Procedural Posture
- Ex Parte Application / Interlocutory Injunction
- Outcome
- Interlocutory injunction granted
- Legal Topics
- Letters of Credit, Injunctions, Fraud in Commercial Transactions
Case Brief
Summary, issues, holding and outcome
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Parties
Quiktrak Networks Pty Ltd
Plaintiff
Housely Technology Limited
First Defendant
National Australia Bank Limited
Second Defendant
Procedural Posture
Ex Parte Application / Interlocutory Injunction
Legal Issues
- 1 Whether an injunction should be granted to restrain payment under a letter of credit due to alleged fraud
Ratio Decidendi
Based on Mr Pallister’s evidence and the terms of the letter of credit and presented invoice, there is a strong probability that the invoice does not evidence a genuine transaction, amounting to actual fraud. Given the risk of enforcement difficulties and the urgency, an interlocutory injunction is warranted.
Court Disposition
Interlocutory injunction granted
Orders
- Notice of Motion returnable instanter
- Time for service of summons and Notice of Motion abridged to 10am on 4 January 2007
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