Frisken in his capacity as liquidator for ACN 610 031 224 Pty Ltd (formerly known as Diamond Valley Puppy Sales Pty Ltd) v DVK FARMING PTY LTD (formerly Diamond Valley Kennels Pty Ltd) [2022] NSWDC 570

District Court New South Wales

Medium Neutral Citation: Frisken in his capacity as liquidator for ACN 610 031 224 Pty Ltd (formerly known as Diamond Valley Puppy Sales Pty Ltd) v DVK FARMING PTY LTD (formerly Diamond Valley Kennels Pty Ltd) [2022] NSWDC 570 Hearing dates: 16 November 2022 Date of orders: 21 November 2022 Decision date: 21 November 2022 Jurisdiction: Civil Before: Abadee DCJ (as List Judge) Decision: See paragraph 68 - 69 Catchwords: CIVIL PROCEDURE – dispute about sale of canine supplier business – miscellaneous procedural applications – application to amend – whether on such (contested) application, the plaintiff must demonstrate prima facie case or triable issue – application to transfer proceeding to Supreme Court – whether the District Court lacks, or may lack jurisdiction to hear and dispose of proceeding – Civil Procedure Act 2005 (NSW), s 144 Legislation Cited: Civil Procedure Act 2005 (NSW) ss 21, 58, 64, 144 Corporations Act 2001 (Cth) ss 58AA, 477, 553C, 588FF, 1337B District Court Act 1973 (NSW) s 134 Federal Court of Australia Act 1976 (Cth) s 31A Law Reform (Law and Equity) Act 1972 (NSW) s 6 Uniform Civil Procedure Rules 2005 (NSW) rr 6.23, 6.24, 6.27, 12.7, 13.4, 14.28, 19.1 Cases Cited: Aon Risk Services Australia v Australian National University (2009) 239 CLR 175 Dennis v Australian Broadcasting Commission [2008] NSWCA 37 Douglas v Madden (No.2) [2009] NSWSC 194 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Great Northern Developments Pty Ltd v Lane [2021] NSWCA 150 Hudson Investments Group Ltd v Atanaskovic [2010] NSWSC 1066 Kingswood Estate Co Ltd v Anderson [1963] 2 QB 169 Reid v Commonwealth Bank of Australia [2022] NSWCA 134 Taylor Farms (Aust) Pty Ltd v A Calkos Pty Ltd & Ors [1999] NSWSC 186 at [74] The State of Queensland & Anor v JL Holdings Pty Ltd (1996) 189 CLR 146 Texts Cited: Finnane et al, Equity Practice and Precedents (Law Book Co, 2008) Ritchie's Uniform Civil Procedure (NSW) Category: Procedural rulings Parties: Mr D Frisken in his capacity as liquidator for ACN 610 031 224 Pty Ltd (formerly known as Diamond Valley Puppy Sales Pty Ltd) (plaintiff) DVK FARMING PTY LTD (formerly Diamond Valley Kennels Pty Ltd) (defendant) Representation: Counsel: Mr M Connor for the plaintiff Mr J Rose for the defendant