NSW Caselaw
New South Wales Supreme Court
CITATION : Coastline Constructions (Aust) Pty Ltd v Kakavas [2008] NSWSC 388
HEARING DATE(S) : 5 March 2008
JUDGMENT DATE : 1 May 2008
JURISDICTION : Common Law Division
JUDGMENT OF : Hislop J
DECISION : (1) The defendant's application is dismissed. (2) The defendant is to pay the plaintiffs' costs of that application. (3) The plaintiffs' application is dismissed. (4) The plaintiffs are to pay the defendant's costs of that application. (5) The proceedings will be listed for directions before the registrar on 8 May 2008.
CATCHWORDS : PRACTICE AND PROCEDURE - cross vesting - interests of justice - appropriate forum - Commercial List - transfer.
Jurisdiction of Courts (Cross-vesting) Act, 1987 (NSW) LEGISLATION CITED : Civil Procedure Act, 2005 Supreme Court Act
James Hardie & Co Pty Ltd v Barry (2000) 50 NSWLR 357 CASES CITED : BHP Billiton Ltd v Schultz [2004] HCA 61; 221 CLR 400 Giorgi v European Asian Bank Aktiengesellschaft (McLelland J, unreported, NSWSC, 3 March 1996) Challenge Bank Ltd v Raine & Horne Commercial Pty Ltd (1988) 17 NSWLR 297
Coastline Constructions (Aust) Pty Ltd (1st Plaintiff) PARTIES : Crackers Corporation Pty Ltd (2nd Plaintiff) Jarrod McCracken (3rd Plaintiff) Harry Kakavas (Defendant)
FILE NUMBER(S) : SC 14406/07
COUNSEL : F. Kalyk (Plaintiffs) M. Darke (Defendant)
SOLICITORS : Thurlow Fisher (Plaintiffs) Gells (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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