Tegg v Deputy Commissioner of Taxation [2024] NSWSC 1231

Supreme Court New South Wales

Medium Neutral Citation: Tegg v Deputy Commissioner of Taxation [2024] NSWSC 1231 Hearing dates: 1 October 2024 Date of orders: 1 October 2024 Decision date: 01 October 2024 Jurisdiction: Common Law Before: Wright J Decision: (1) Under s 8 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), proceedings number 2023/00244063 are removed from the District Court of New South Wales into the Common Law Division of the Supreme Court of New South Wales. (2) Under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), proceedings number 2023/00244063 are transferred to the Supreme Court of Queensland. (3) There is no order as to costs in respect of the proceedings in this Court to the intent that each party will bear his or her own costs. (4) Under s 12 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), the costs of proceedings number 2023/00244063 in the District Court of New South Wales before removal into this Court are costs in the cause. Catchwords: CIVIL PROCEDURE – cross-vesting – transfer to another Supreme Court – relevant factors – more appropriate or convenient forum – transfer granted Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), ss 5(2)(b)(iii), 8, 12 Cases Cited: Amaca Pty Ltd v Mortimer [2023] NSWSC 117 BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 Pilbara Ports Authority v Ashton [2019] NSWSC 1488 Category: Procedural rulings Parties: Lance Bernard Tegg (Plaintiff) Deputy Commissioner of Taxation (Defendant) Representation: Plaintiff in person