Shinetec (Australia) Pty Ltd v The Gosford Pty Ltd; The Gosford Pty Ltd v Bank of China Ltd [2022] NSWSC 59

Shinetec (Australia) Pty Ltd v The Gosford Pty Ltd; The Gosford Pty Ltd v Bank of China Ltd [2022] NSWSC 59

Bank of China fails to demonstrate that the Supreme Court of New South Wales is a clearly inappropriate forum for Gosford's cross-claim, and the impugned claims are not so obviously untenable as to warrant summary dismissal or strike out; all matters raised are appropriately determined at trial.

Parties
Plaintiff: Shinetec (Australia) Pty Ltd; First Defendant/cross Claimant/respondent: The Gosford Pty Ltd; Second Defendant: David Anthony Hurst; Third Defendant: David Anthony Sampson; Fourth Defendant/cross Defendant/applicant: Bank of China Limited; Fifth Defendant: Macquarie Bank Limited
Jurisdiction
Australia
Judgment Date
04 February 2022
Procedural Posture
Commercial List—equity / Interlocutory Application—notice of Motion to Dismiss or Strike Out Cross Claim and Application for Stay
Outcome
Notice of Motion dismissed with costs.
Legal Topics
Stay of Proceedings, Strike Out Application, Misleading or Deceptive Conduct, Standby Letters of Credit, Jurisdiction, Proper Law of Contract
Private International Law Practice and Procedure Consumer Law Corporate Law Stay of Proceedings Strike Out Application Misleading or Deceptive Conduct Standby Letters of Credit +2 more

Case Brief

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Parties

Shinetec (Australia) Pty Ltd

Plaintiff

The Gosford Pty Ltd

First Defendant/cross Claimant/respondent

David Anthony Hurst

Second Defendant

David Anthony Sampson

Third Defendant

Bank of China Limited

Fourth Defendant/cross Defendant/applicant

Macquarie Bank Limited

Fifth Defendant

Procedural Posture

Commercial List—equity / Interlocutory Application—notice of Motion to Dismiss or Strike Out Cross Claim and Application for Stay

Legal Issues

  1. 1 Whether the Court is a plainly inappropriate forum (stay of proceedings)
  2. 2 Whether application to strike out or dismiss claims in the cross-claim should be granted
  3. 3 Whether obligations under standby letter of credit constitute representations capable of being misleading or deceptive

Ratio Decidendi

Bank of China fails to demonstrate that the Supreme Court of New South Wales is a clearly inappropriate forum for Gosford's cross-claim, and the impugned claims are not so obviously untenable as to warrant summary dismissal or strike out; all matters raised are appropriately determined at trial.

Court Disposition

Notice of Motion dismissed with costs.

Orders

  • Cross-defendant's Notice of Motion filed 10 October 2021 is dismissed with costs.
  • Matter listed for directions before Commercial List Judge on 11 February 2022.