Bai v Canberra Future Property Pty Ltd [2024] NSWSC 1273

Supreme Court New South Wales

Medium Neutral Citation: Bai v Canberra Future Property Pty Ltd [2024] NSWSC 1273 Hearing dates: 10 October 2024 Date of orders: 10 October 2024 Decision date: 10 October 2024 Jurisdiction: Common Law Before: Wright J Decision: (1) Under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), these proceedings are transferred to the Supreme Court of Victoria. (2) The costs of each party in respect of the proceedings in this Court are to be costs in the cause. The Court notes the undertaking by the fourth defendant that he will file his defence within five business days after the Supreme Court of Victoria allocates a proceeding number in respect of the transferred proceedings. 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), 5(2)(b)(iii) Cases Cited: BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 Pilbara Ports Authority v Ashton [2019] NSWSC 1488 Category: Principal judgment Parties: Hua Bai (Plaintiff) Canberra Future Property Pty Ltd (First Defendant) Xu Li (Second Defendant) Youxin Zhao (Third Defendant) Lin Zhang (Fourth Defendant) Representation: Counsel: D Edney (Plaintiff) Mr C Beshara with Mr L Shivarey (First and Second Defendants)