Glenn v Kemp [2022] NSWSC 551

Supreme Court New South Wales

Medium Neutral Citation: Glenn v Kemp [2022] NSWSC 551 Hearing dates: 4 May 2022 Decision date: 04 May 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the notice of motion filed 25 March 2022. (2) The costs of the defendant's notice of motion for transfer be costs in the cause. (3) List the matter for directions before the Registrar at 9am on 12 May 2022. Catchwords: CIVIL PROCEDURE — Cross-vesting — Transfer to other Supreme Court — application to transfer proceedings from Supreme Court of New South Wales to Supreme Court of South Australia — whether in interests of justice to transfer proceedings — where lawyers and parties based in multiple states in Australia — where chattel subject of proceedings based in New South Wales and Queensland — where claim in tort — where no clear forum for proceedings — where court not satisfied that transfer is in the interests of justice — where application dismissed COSTS — Party/Party — Exceptions to general rule that costs follow the event — Nature of the proceedings — where matter finely balanced — where matter brought to the attention of the court to assist in administration of justice — where order made that costs of the motion be costs in the cause Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), s 5 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Australian Protective Electronics Pty Ltd v Pabflow Pty Ltd (1996) 35 IPR 327 BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 Category: Procedural rulings Parties: Jenine Glenn (Plaintiff) Noeleen Kemp (Defendant) Representation: Counsel: M Foran (Plaintiff) K Ryder (Defendant)