SUPREME COURT OF QUEENSLAND
CITATION: Parbery & Ors v QNI Metals Pty Ltd & Ors [2018] QSC 240 PARTIES:
STEPHEN JAMES PARBERY AND MICHAEL ANDREW OWEN IN THEIR CAPACITIES AS LIQUIDATORS OF QUEENSLAND NICKEL PTY LTD
(IN LIQ) ACN 009 842 068 (first plaintiffs) QUEENSLAND NICKEL PTY LTD (IN LIQ)
ACN 009 842 068(second plaintiff) JOHN RICHARD PARK, KELLY-ANNE LAVINA
TRENFIELD & QUENTIN JAMES OLDE AS
LIQUIDATORS OF QUEENSLAND NICKEL PTY LTD
(IN LIQ) ACN 009 842 068(third plaintiffs) v QNI METALS PTY LTD ACN 066 656 175 (first defendant) QNI RESOURCES PTY LTD ACN 054 117 921 (second defendant) QUEENSLAND NICKEL SALES PTY LTD
ACN 009 872 566(third defendant) CLIVE FREDERICK PALMER (fourth defendant) CLIVE THEODORE MENSINK (fifth defendant) IAN MAURICE FERGUSON (sixth defendant) MINERALOGY PTY LTD ACN 010 582 680 (seventh defendant) PALMER LEISURE AUSTRALIA PTY LTD
ACN 152 386 617(eighth defendant) PALMER LEISURE COOLUM PTY LTD
ACN 146 828 122(ninth defendant) FAIRWAY COAL PTY LTD ACN 127 220 642 (tenth defendant) CART PROVIDER PTY LTD ACN 119 455 837 (eleventh defendant) COEUR DE LION INVESTMENTS PTY LTD ACN 006
334 872(twelfth defendant) COEUR DE LION HOLDINGS PTY LTD ACN 003 209
934(thirteenth defendant) CLOSERIDGE PTY LTD ACN 010 560 157 (fourteenth defendant) WARATAH COAL PTY LTD ACN 114 165 669 (fifteenth defendant) CHINA FIRST PTY LTD ACN 135 588 411 (sixteenth defendant) COLD MOUNTAIN STUD PTY LTD ACN 119 455 248 (seventeenth defendant) EVGENIA BEDNOVA (eighteenth defendant) ALEXANDAR GUEORGUIEV SOKOLOV (nineteenth defendant) ZHENGHONG ZHANG (twentieth defendant) SCI LE COEUR DE L’OCEAN (twenty-first defendant) DOMENIC MARTINO (twenty-second defendant) and MARCUS WILLIAM AYRES (first defendant added by counterclaim) STEFAN DOPKING (second defendant added by counterclaim) FILE NO: SC 6593 of 2017 DIVISION: Trial Division PROCEEDING: Applications filed by defendants on 12 July 2018 (CFI 302)
and 3 October 2018 (CFI 358)Applications filed by plaintiffs on 18 June 2018 (CFI 287) and 11 July 2018 (CFI 300)
DELIVERED ON: 22 October 2018 DELIVERED AT: Brisbane HEARING DATE: 8 and 9 October 2018 JUDGE: Jackson J ORDER: The order of the court is that:
1.
The application for leave to proceed filed on 3 October 2018 is dismissed, except for the counterclaim not struck through on the draft pleading that is the Annexure to these reasons
2.
The defence and counterclaim filed 12 April 2018 is struck out with leave to the defendants other than the fourth, twentieth and twenty-first defendants to file an amended consolidated defence and counterclaim in accordance with the draft pleading that is the Annexure to these reasons.
3.
As to the consolidated statement of claim filed 6 August 2018:
(a) the words “and were subject to the equitable liens pleaded in paragraphs 112 and 113” are struck out
of paragraphs 182, 187, 194, 203, 208, 214, 220,
226, 232, 238, 244, 250, 256, 263, 271, 278, 290, 309,
318, 329, 337, 345, 353, 359, 365 and 372;
(b) paragraph 313 is struck out; and
(c) paragraphs 378 and…
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- Case
- [2018] QSC 240
- Decision Date
CaseChat Overview and Summary
The legal issues focused on the requirements for leave to proceed under sections 471B and 500 of the Corporations Act and the principles of prima facie case and sufficient merit in the context of winding up proceedings. The court considered the detailed submissions from both parties, which included references to previous cases such as Agar v Hyde, Dey v Victorian Railways Commissioners, and General Steel Industries Inc v Commissioner for Railways (NSW). The court found that most of the application for leave to proceed against QNI must be refused, leading to the striking out of most of the counterclaim. Parts of the defence that attempted to set up claims by the Joint Venturers against QNI for damages or equitable compensation were also struck out. Additionally, some parts of the statement of claim were struck out.
The court concluded that the application for leave to proceed against QNI must be refused, except in some specific instances, and as a result, most of the counterclaim must be struck out. Parts of the defence and the statement of claim were also struck out based on the principles of prima facie case and sufficient merit. The court's decision was based on the detailed submissions and the relevant legal principles applied to the specific context of winding up proceedings under the Corporations Act.
The final orders of the court were that the application for leave to proceed against QNI must be refused in most instances, with corresponding parts of the counterclaim, defence, and statement of claim being struck out. The specific details of the orders were outlined in the court's judgment.
Orders
Orders of the court
The order of the court is that:
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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