NSW Caselaw
New South Wales Supreme Court
CITATION : Trilogy Corporate Solutions & Anor v Fitzroy Shopfitting & Building Pty Ltd [2006] NSWSC 1026
HEARING DATE(S) : 20 and 27 September 2006
JUDGMENT DATE : 27 September 2006
DECISION : 1. The summons is dismissed; 2. The plaintiffs are to pay the defendant's costs in these proceedings.
CATCHWORDS : Contract - plaintiffs seek consolidation of proceedings in Supreme Court - whether proceedings in NSW District Court ought be removed into Supreme Court under s 140 Civil Procedure Act 2005 - whether proceedings in Magistrates' Court in Victoria ought be removed into Supreme Court under Jurisdiction of Courts (Cross Vesting) Acts - discretionary factors and interests of justice.
Civil Procedure Act 2005 (NSW) District Court Act 1973 LEGISLATION CITED : Jurisdiction of Courts (Cross Vesting) Act 1987 (Vic) Jurisdiction of Courts (Cross Vesting) Act 1987 (NSW) Service and Execution of Process Act 1992 (Cth)
KBRV Resort Operations Pty Ltd v Chilcott (2001) 51 NSWLR 516 Parry v WGE Engineering [2003] NSWSC 337 Sonia Lee White v Viewden Pty Ltd [2005] NSWSC 196 CASES CITED : Thermasorb Pty Ltd v Rockdale Beef pty Ltd & Ors. [2005] NSWSC 361 Sanderson Motors Pty Ltd v Kirby [2000] NSWSC 924 BHP Billiton Ltd v Schultz [2004] HCA 61 Bankinvest AG v Seabrook (1988) 14 NSWLR 711 Rippon v Chilcotin Pty Limited & Ors. (2001) 53 NSWLR 198
Plaintiff 1 - Trilogy Corporate Solutions Pty Ltd PARTIES : Plaintiff 2 - CPE Pty Ltd Defendant - Fitzroy Shopfitting & Building Pty Ltd
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