| Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 2) (FCA) - dispute concerning control of port terminal facilities - inspection of port and associated mine infrastructure granted |
| L Q Quarries Pty Ltd v Barraport Investments Pty Ltd (VSC) - corporations - statutory demand - no genuine dispute - demand not set aside |
| Summaries With Link (Five Minute Read) |
Mineralogy Pty Ltd v Sino Iron Pty Ltd [2015] FCA 429
Federal Court of Australia
Edelman J
Inspection - dispute concerning control possession and ownership of port terminal facilities - respondents currently controlling and operating terminal - applicants sought that Court conduct inspection/’view’ of port and associated mine infrastructure - held: inspection would assist Court’s understanding of photograph and documentary exhibits - little or no danger inspection might result in undue waste of time - little danger of confusion arising from material alterations to site - inspection would assist Court to understand dispute - inspection should be held - application allowed.
Mineralogy
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L Q Quarries Pty Ltd v Barraport Investments Pty Ltd [2015] VSC 191
Supreme Court of Victoria
Efthim AsJ
Corporations - plaintiff sought to set aside statutory demand served on it by defendant - plaintiff denied any advanced funds were due and owing to defendant - whether there was genuine dispute - limitations defence - Graywinter principle - held: plaintiff’s affidavit did not relate to legal argument involving whether debt statute barred - Court did not have to decide whether principle in Graywinter breached because there was acknowledgement of the debt - there was no genuine dispute - statutory demand not set aside.
LQQuarries
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