Pacific National law suits to be heard together in May

<p>The Victorian Supreme Court is to hear together all three cases arising out of the dispute between Toll Holdings and Patrick Corp over the Pacific National joint venture. </p> <p>Judge Julie Dodds-Streeton said the cases would start on May 10, with 10 days set aside for hearings. </p> <p>Patrick has asked the court to wind up Pacific National, and is separately suing Toll for alleged deceptive and misleading behaviour in the Queensland rail contracts which triggered the dispute.</p> <p>Toll pre-empted the winding up action by launching an action to remove the two Patrick directors on Pacific National, alleging oppressive behaviour. </p> <p>The combining of the three hearings is likely to speed up a decision on the future of Pacific National and on the face of it, helps Toll which wants to keep the rail operator intact. </p> <p>A Toll spokesman said the "decision by the court will bring much-needed clarity for Pacific National".</p> <p>Toll also faces the much larger Federal Court defence of the Australian Competition and Consumer Commission’s injunction against the bid for Patrick. </p> <p>The Pacific National board is due to meet tomorrow. </p> <p>The meeting will have to deal with the pressing need to negotiate a new access deal with QR at Acacia Ridge in order to keep the rail carrier’s Queensland business going.</p> <p>It may also hear Patrick’s request for 50% of Pacific National’s intermodal capacity which Patrick says it is entitled to under the shareholder agreement. </p> <p>Patrick is expected to take the space and sell it to support the future rail forwarding business it is planning if it succeeds in buying FCL Interstate Transport Services. </p> <p>Toll is also certain to block the request.</p> <br />