CL Asset Holdings Pty Ltd v Chamoun Investments Pty Ltd [2020] NSWSC 1817

Supreme Court New South Wales

Medium Neutral Citation: CL Asset Holdings Pty Ltd v Chamoun Investments Pty Ltd [2020] NSWSC 1817 Hearing dates: 14 December 2020 Decision date: 15 December 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order pursuant to s 5(1) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) that these proceedings be transferred to the Federal Court of Australia, New South Wales District Registry. (2) The costs of the first defendant's notice of motion filed on 20 November 2020 be costs in the cause. Catchwords: CIVIL PROCEDURE — Cross-vesting — Transfer to Federal Court — Where related proceedings on foot in Federal Court — Whether in interests of justice to transfer proceedings Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law Corporations Act 2001 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), s 5 Cases Cited: BHP Billiton Limited v Schultz (2004) 221 CLR 400; [2004] HCA 61 In the matter of HIH Insurance Limited (In Liquidation) [2014] NSWSC 545 Yorke v Lucas (1985) 158 CLR 661; [1985] HCA 65 Texts Cited: Federal Court of Australia Enforcement, Endorsement and Contempt Practice Note (GPN-ENF), [2.3]-[3.2] Category: Procedural and other rulings Parties: CL Asset Holdings Pty Ltd ACN 104 475 345 (Plaintiff) Chamoun Investments Pty Ltd ACN 070 967 930 (First defendant) Caroline Chamoun (Second defendant) Jack Chamoun (Third defendant) Croydon Automotive Repairs Pty Ltd ACN 073 783 972 (Fourth defendant) Representation: Counsel: M Daniels (Plaintiff) C D Freeman (First defendant) M Klooster (Second and Fourth defendants) No appearance (Third defendant)