Thermasorb Pty Limited v Rockdale Beef Pty Limited and Ors [2005] NSWSC 361

New South Wales Supreme Court

CITATION : Thermasorb Pty Limited v Rockdale Beef Pty Limited and Ors [2005] NSWSC 361

HEARING DATE(S) : 1 March 2005

JUDGMENT DATE : 19 April 2005

JURISDICTION : Common Law

JUDGMENT OF : Johnson J at 1

DECISION : 1. Application to transfer District Court proceedings No. 4552 of 2003 to the Supreme Court of New South Wales pursuant to s.8 Jurisdiction of Courts (Cross-Vesting) Act 1987 is refused; 2. No order is made at present transferring the District Court proceedings to the Supreme Court of New South Wales pursuant to s.145 District Court Act 1973; 3. With respect to the single ground based upon the Cross Claim which Thermasorb Pty Limited seeks to bring against Sumitomo Seika Singapore Pte Ltd, Thermasorb Pty Limited is allowed an opportunity to adduce further evidence, if it sees fit, in support of this ground before final orders are made with respect to the Amended Summons; 4. The proceedings are stood over for mention at 9.30 am on 26 April 2005 to allow the parties an opportunity to consider these reasons and to make such further application as they see fit, including as to costs.

CATCHWORDS : PRACTICE AND PROCEDURE - District Court proceedings for breach of contract - application to cross-vest proceedings to Supreme Court of Queensland - cross-vesting application refused - application under s.145(1) District Court Act 1973 to remove proceedings to Supreme Court - Cross Claim against foreign company - whether District Court has jurisdiction where proceedings against foreign company - whether voluntary submission to jurisdiction of District Court is open.

District Court Act 1973 Sale of Goods Act 1923 (NSW) Trade Practices Act 1974 (Cth) LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act 1946 Sale of Goods Act 1896 (Qld) Service and Execution of Process Act 1992 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987