NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Enviropacific Services Limited v Cardno Victoria Pty Ltd [2021] NSWSC 1589 Hearing dates: 1 December 2021 Decision date: 09 December 2021 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) Order that pursuant to s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) proceeding number 2021/00249785 be transferred to the Supreme Court of Victoria; (2) Order that the plaintiff pay the costs of the notice of motion filed on 29 September 2021. Catchwords: CIVIL PROCEDURE — Jurisdiction — Transfers to and from other courts — Whether proceedings ought to be transferred to the Supreme Court of Victoria Legislation Cited: Australian Consumer Law Building and Construction Industry Security of Payment Act 2002 (Vic) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Cases Cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 BHP Billiton v Schultz (2004) 221 CLR 400; [2004] HCA 61 James Hardie & Coy Pty Ltd v Barry (2000) 50 NSWLR 357 Joshan v Pizza Pan Group Pty Ltd [2021] NSWCA 219 Category: Procedural rulings Parties: Enviropacific Services Limited (Plaintiff) Cardno Victoria Pty Ltd (Defendant) Representation: Counsel: D Hume (Plaintiff) TJ Breakspear SC with TJ Boyle (Defendant)
Solicitors: McCullough Robertson Lawyers (Plaintiff) Thomson Geer (Defendant) File Number(s): 2021/249785 Publication restriction: Nil
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