First Industry Corp v Goh

Case [2002] WASC 111


FIRST INDUSTRY CORP -v- GOH & ORS [2002] WASC 111



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASC 111
Case No:CIV:1302/20025 & 16 APRIL 2002
Coram:PULLIN J14/05/02
17Judgment Part:1 of 1
Result: Interlocutory injunction decreed
A
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Parties:FIRST INDUSTRY CORP
BEAN SAN GOH
PATRICIA AI-TUAN GOH
WESTPAC BANKING CORPORATION
EVERWISE PTY LTD (ACN 084 820 664) AS TRUSTEE FOR THE TAT FAMILY TRUST

Catchwords:

Real property
Alienation of property with intent to defeat creditors
Whether transferor had intent
Whether interlocutory injunction should be granted restraining transferee from dealing with property

Legislation:

Property Law Act 1969 (WA), s 89

Case References:

Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 76 ALJR 1
Barton v Deputy Federal Commissioner of Taxation (1974) 131 CLR 370
Boscawen v Bajwa [1996] 1 WLR 328
Brady v Stapleton (1952) 88 CLR 322
Cannane v J Cannane Pty Ltd (in liq) (1998) 192 CLR 557
Cardile v LED Builders Pty Ltd (1999) 198 CLR 380
Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148
Electrical Enterprises Retail Pty Ltd v Rodgers (1989) 15 NSWLR 473
First Industry Corp v Goh & Anor [2002] WASC 68
In re Mouat, Kingston Cotton Mills Company v Mouat [1899] 1 Ch 831
Jackson v Sterling Industries Ltd (1987) 162 CLR 612
Langdon v Gruber [2001] NSWSC 276
Motor Auctions Pty Ltd v John Joyce  Wholesale Cars Pty Ltd (1997) 8 BPR [97661]
Official Trustee in Bankruptcy v Alvaro (1996) 138 ALR 341
Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319
Perth Mint v Mickelberg (No 2) [1985] WAR 117
PT Garuda Indonesia Ltd v Grellman (1992) 35 FCR 515
Richardson v Trautwein (1944) 14 ABC 61
Williams v Lloyd (1934) 50 CLR 341

Adamson v Hayes (1973) 130 CLR 276
Air Express Ltd v Ansett Transport Industries (Operations) Pty Ltd (1981) 146 CLR 249
Allen & Ors v Jambo Holdings Ltd & Ors [1980] 1 WLR 1252
Corin v Patton (1990) 169 CLR 540
Custom Credit Corporation Ltd v Whitehall Holdings Pty Limited & Ors, SCt of WA; unreported Library No 920231; 7 April 1992
Frigo v Culhaci [1998] NSWSC 393
Harman Pictures NV v Osborne & Ors [1967] 1 WLR 723
In re Windle [1975] 1 WLR 1628
Kirklees Metropolitan Borough Council v Wickes Building Supplies Ltd [1993] AC 227
Third Chandris Shipping Corporation v Unimarine SA [1979] 1 QB 645
Walker v Nicolay (1991) 4 ACSR 309
Z Ltd v A & Ors [1982] 1 All ER 556

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : FIRST INDUSTRY CORP -v- GOH & ORS [2002] WASC 111 CORAM : PULLIN J HEARD : 5 & 16 APRIL 2002 DELIVERED : 14 MAY 2002 FILE NO/S : CIV 1302 of 2002 BETWEEN : FIRST INDUSTRY CORP
    Plaintiff

    AND

    BEAN SAN GOH
    First Defendant

    PATRICIA AI-TUAN GOH
    Second Defendant

    WESTPAC BANKING CORPORATION
    Third Defendant

    EVERWISE PTY LTD (ACN…

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First Industry Corp v Goh [2002] WASC 111
Case
[2002] WASC 111
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CaseChat Overview and Summary

First Industry Corp sought either a mareva or an interlocutory injunction against the second defendant, Patricia Ai-Tuan Goh, and the fourth defendant, Everwise Pty Ltd, to restrain them from disposing of certain assets of the first defendant, Bean San Goh. The plaintiff alleged that the first defendant had transferred property to his wife with the intention of defeating his creditors. The plaintiff further sought an injunction to restrain the second defendant from dealing with assets up to a value of $183,072.00. The court had to determine whether the plaintiff had made out a case for relief against the second and fourth defendants. The court noted that the plaintiff had failed to show that the second defendant intended to dissipate assets, and therefore dismissed the claim for a mareva order against her. The court found that there was no evidence to support the claim for an injunction against the fourth defendant either. Regarding the Allenby Road property, the court held that there was a serious question to be tried about whether the transfer was made with the intention to defraud creditors. The court granted an injunction to restrain the second defendant from dealing with more than a half-share in the Allenby Road property. The court dismissed the plaintiff's application in all other respects.

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Background

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