Scottish Pacific Trade Limited (a Company Incorporated in Hong Kong CR NO.: 1415813) v The Motorhome Conversion Company Pty Limited ACN 122 829 789 [2021] NSWDC 97

District Court New South Wales

Medium Neutral Citation: Scottish Pacific Trade Limited (a Company Incorporated in Hong Kong CR NO.: 1415813) v The Motorhome Conversion Company Pty Limited ACN 122 829 789 [2021] NSWDC 97 Hearing dates: 24 March 2021 Date of orders: 24 March 2021 Decision date: 24 March 2021 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Pursuant to s 144(2) of the Civil Procedure Act 2005 (NSW), these proceedings including the Cross-Claim are transferred to the Supreme Court. (2) The costs of and incidental to today are to be costs in the cause. Catchwords: DISTRICT COURT – jurisdiction – declaratory and injunctive relief sought based on equitable principles – whether court has jurisdiction to grant relief sought Legislation Cited: Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Cases Cited: Garcia v National Australia Bank Ltd [1998] HCA 48; (1998) 194 CLR 395 Hume Plasterboard Pty Limited v Brilliant Interiors Pty Limited [2019] NSWSC 679 Kolavo v Pitsikas [2003] NSWCA 59 Mahommed v Unicomb [2017] NSWCA 65 Texts Cited: 5th Edition of Meagher, Gummow and Lehane on Equity, Lexis Nexis, 2015 Category: Principal judgment Parties: Scottish Pacific Trade Limited (a Company Incorporated in Hong Kong CR NO.: 1415813) (Plaintiff) The Motorhome Conversion Company Pty Ltd ACN 122 829 789 (First Defendant) Alfred John Jeffreys (Second Defendant) Yvonne Zita Prole (Third Defendant) Representation: Counsel: J Gatland (Plaintiff) P Chand (Solicitor – by AVL) (Third Defendant)