JH7 Holdings Pty Ltd v Chung [2020] NSWSC 985

Supreme Court New South Wales

Medium Neutral Citation: JH7 Holdings Pty Ltd v Chung [2020] NSWSC 985 Hearing dates: 28 July 2020 Date of orders: 28 July 2020 Decision date: 28 July 2020 Jurisdiction: Equity Before: Henry J Decision: (1) Pursuant to s 5(2) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), the proceedings be transferred to the Supreme Court of Queensland. (2) Other than the costs of the defendants' motion filed on 24 June 2020, the costs of the proceedings in this Court be costs of the proceedings in the Supreme Court of Queensland. (3) The plaintiff to pay the defendants' costs of its notice of motion filed on 24 June 2020. Catchwords: CIVIL PROCEDURE – Cross-vesting – Transfer to other Supreme Court – where joint venture between parties to develop land in Queensland – where plaintiff alleged defendant breached loan agreement – where defendant purported to terminate joint venture agreement – where plaintiff seeks declaration of an equitable interest and possession of land in Queensland and rectification of loan agreement – where majority of likely witnesses located in Queensland – where joint venture and loan agreements contains choice of forum clauses in favour of Queensland courts – whether it is in the interests of justice to transfer proceedings – proceedings transferred to Supreme Court of Queensland Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), s 5(2)(b)(iii) Jurisdiction of Courts (Foreign Land) Act 1989 (NSW), s 3 Land Title Act 1994 (Qld), ss 122(1), 126(2) Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Asciano Services Pty Ltd v Australian Rail Track Corp Ltd [2008] NSWSC 652 Bankinvest AG v Seabrook (1988) 14 NSWLR 711 BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 FAI General Insurance Co Ltd v Ocean Marine Mutual Protection & Indemnity Association Ltd (1997) 41 NSWLR 117 Greater Bank Ltd v Official Trustee in Bankruptcy and Marteene [2017] NSWSC 1496 James Hardie & Coy Pty Ltd v Barry (2000) 50 NSWLR 357; [2000] NSWCA 353 Patrick Badges Pty Ltd v Commonwealth of Australia [2002] NSWSC 221 Starr-Diamond v Diamond (No 3) [2013] NSWSC 351 Taurus Funds Management Pty Ltd v Aurox Resources Ltd [2010] NSWSC 1223 Texts Cited: Nil Category: Procedural and other rulings Parties: JH7 Holdings Pty Ltd (Plaintiff) Kuo-Jen Chung (First Defendant) Kuo-Jen Chung as trustee for the Chung Family Trust (Second Defendant) Representation: Solicitor: I Benson (Plaintiff) Counsel: D Robertson (First and Second Defendant)