Toyota Material Handling Australia Pty Ltd v Cardboard Collection Service Pty Ltd [2020] NSWDC 667

District Court New South Wales

Medium Neutral Citation: Toyota Material Handling Australia Pty Ltd v Cardboard Collection Service Pty Ltd [2020] NSWDC 667 Hearing dates: 9 October 2020 Date of orders: 29 October 2020 Decision date: 29 October 2020 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The Notice of Motion filed on 10 September 2020 is dismissed. (2) The defendant is to pay the plaintiff's costs of the Notice of Motion filed on 10 September 2020 as agreed or assessed. Catchwords: CIVIL PROCEDURE – stay – whether the Victorian County Court is "the appropriate court" to determine the proceedings – principles applicable – exercise of discretion – relevance of possible AVL hearings of witnesses' evidence – COVID-19 pandemic restrictions Legislation Cited: Australian Consumer Law (Cth) Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Service and Execution of Process Act 1992 (Cth) Cases Cited: Aqua Max Water Filtration Solutions Pty Ltd v Hurtado [2017] SASC 165 Community First Inc v Job Futures Ltd [2008] FCA 1265 Monash IVF Pty Ltd v Dr Lynne Burmeister (No 2) [2017] NSWSC 903 Plantagenet Wines Pty Ltd v Lion Nathan Wine Group Australia Ltd [2006] FCA 247 Rick Cobby Pty Ltd v Podesta Transport Pty Ltd (1997) 139 FLR 54 St George Bank Ltd v McTaggart (2003) 2 Qd R 568; [2003] QCA 59 Taurus Funds Management v Aurox Resources Ltd [2010] NSWSC 1223 Category: Procedural and other rulings Parties: Toyota Material Handling Australia Pty Ltd (Plaintiff) Cardboard Collection Service Pty Ltd (Defendant) Representation: Counsel: R Notley (Plaintiff) J Castelan (Virtual Court) (Defendant)