Finstro Securities Pty Ltd v Gosatti [2021] NSWSC 635

Supreme Court New South Wales

Medium Neutral Citation: Finstro Securities Pty Ltd v Gosatti [2021] NSWSC 635 Hearing dates: 4 June 2021 Date of orders: 4 June 2021 Decision date: 04 June 2021 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. The motion is dismissed. 2. Mr and Mrs Gosatti must bear the costs of the motion, as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – CROSS VESTING – Whether Supreme Court of Western Australia is more appropriate forum – evidence as to connection of transaction with New South Wales and Western Australia and location of parties, witnesses and legal representatives neutral – such considerations not making it possible to say one court is more appropriate than the other – agreed governing law and jurisdiction clause must be considered – that it is more appropriate that the proceedings be determined by the West Australian Supreme Court not established. Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) s 5(2) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Asciano Services Pty Ltd v Australian Rail Track Corp Ltd [2008] NSWSC 652 BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 James Hardie & Coy Pty Ltd v Barry & Anor; Seltsam Pty Ltd v Barry & Anor (2000) 50 NSWLR 257; [2000] NSWCA 353 Patrick Badges Pty Ltd v Commonwealth of Australia [2002] NSWSC 221 Primero Group Ltd v Wartsila Australia Pty Ltd [2021] WASC 44 Taurus Funds Management Pty Ltd v Aurox Resources Ltd [2010] NSWSC 1223 Category: Principal judgment Parties: Finstro Securities Pty Ltd (Plaintiff) Michael Gosatti (First Defendant) Lucy Gosatti (Second Defendant) Representation: Counsel: Mr M Collins (Plaintiff)