M&M GLOBAL FINANCIALS PTY LIMITED v FINANCIAL ELEMENTS PTY LIMITED [2022] NSWDC 355

District Court New South Wales

Medium Neutral Citation: M&M GLOBAL FINANCIALS PTY LIMITED v FINANCIAL ELEMENTS PTY LIMITED [2022] NSWDC 355 Hearing dates: 22 July 2022 Date of orders: 22 July 2022 Decision date: 22 July 2022 Jurisdiction: Civil Before: Montgomery DCJ Decision: By consent I make orders in accordance with the Short Minutes of Order handed up. (1) Paragraphs 2, 3, 5, 6 and 8 only, save that the word "otherwise" in paras 2 and 5, is deleted. (2) I stand the matter over for directions before the Judicial Registrar on Friday 19 August 2022. (3) On the question of jurisdiction of the Court, I direct the defendant/cross claimant to serve written submissions of not more than five pages, and deliver the same to my Associate, on or before 29 July 2022. (4) On issue of jurisdiction, I direct the plaintiff/cross defendant to serve written submissions of not more than five pages, and to email the same to my Associate, on or before 5 August 2022. Catchwords: PRACTICE AND PROCEEDURE – jurisdiction – District Court NSW – District Court Act – Ss 44(1)(a); 44(1)(c); 44(1)(d); 134(1)(h) Legislation Cited: District Court Act 1973 (NSW) Cases Cited: Huang v Drumm [2017] NSWCA 29 Great Northern Developments Pty Ltd v Lane [2021] NSWCA 150 Commonwealth Bank of Australia v Hadfield [2001] NSWCA 440; (2001) 53 NSWLR 614 Marzec v Waclaw Marian Lysiak (No 2) [2015] NSWSC 115 Glenn v Kemp [2021] NSWDC 656 Category: Procedural rulings Parties: M&M GLOBAL FINANCIALS PTY LIMITED, plaintiff FINANCIAL ELEMENTS PTY LIMITED, defendant Representation: Counsel: Mr J. Pokoney for the plaintiff/cross-defendant Mr M. Swanson for the defendant/cross-claimant