NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Lin v One Funds Management Limited [2021] NSWSC 1450 Hearing dates: On the papers Decision date: 11 November 2021 Jurisdiction: Equity - Commercial List Before: Ball J Decision: The defendants' amended notice of motion filed on 7 September 2021 is dismissed with costs Catchwords: CIVIL PROCEDURE — Jurisdiction — Transfers to and from other courts — Whether proceedings ought to be transferred to the Federal Court (Victoria Registry) where separate proceedings that raise related issues are on foot Legislation Cited: Corporations Act 2001 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Trustee Act 1925 (NSW) Cases Cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 F45 Training Pty Ltd v Body Fit Training Company Pty Ltd [2020] NSWSC 1879 Re Wakim; ex parte McNally (1999) 198 CLR 511 Category: Procedural rulings Parties: Enying Lin (Plaintiff) One Funds Management Limited (First Defendant) Frank John Tearle (Second Defendant) Justin Kurt Epstein (Third Defendant) Elizabeth Reddy (Fourth Defendant) Sara Wiesener (Fifth Defendant) Representation: Counsel: F Assaf SC with TM Rogan (Plaintiff)
Solicitors: SMB Law (Plaintiff) Webb Henderson (Defendants) File Number(s): 2021/186738
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