Direct Telecoms Pty Ltd v Kerrick Pty Ltd [2003] NSWLC 13

Local Court of New South Wales

CITATION: Direct Telecoms Pty Ltd v Kerrick Pty Ltd [2003] NSWLC 13 JURISDICTION: Civil PARTIES: Direct Telecoms Pty Ltd v Kerrick Pty Ltd FILE NUMBER: 32096 of 2003 PLACE OF HEARING: Sutherland Local Court DATE OF DECISION: 28/08/2003 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Practice and Procedure - Stay of proceedings - Interstate dispute LEGISLATION CITED: Service and Execution of Process Act 1992 s 20 CASES CITED: REPRESENTATION: Dominic Esposito Solicitors for the applicant Mr Zaki (agent) for the Respondent ORDERS: 1. Motion granted. Proceedings stayed pursuant to s 20 (3) of the Service and Execution of Process Act 1992.; 2. Costs of disposal of the motion to be costs in the cause.

The defendant in this matter applies an order staying these proceedings pursuant to the provisions of s.20 of the Service and Execution of Process Act 1992 ("SEP Act") on the basis that the most appropriate forum for the matter is a court in the State of Victoria. I have determined that the matter should be decided in chambers. Each party has placed affidavit evidence before me.

The plaintiff is a company incorporated in New South Wales, the defendant a company incorporated in Victoria.

The plaintiff brings its action by way of Statement of Liquidated Claim in the Small Claims Division of the NSW Local Court, the debt alleged being $2676.89 (plus interest and costs). The plaintiff alleges that it supplied telephony services to the defendant, that it issued a number of invoices and that the defendant failed to pay its bills. The defendant, while not admitting that the appropriate jurisdiction is a court in NSW, has filed what might be termed a "holding defence" in which it denies any contractual relationship with the plaintiff and, alternatively, denies that there was any adequate consideration in the relation to the contract alleged.