NSW Caselaw
New South Wales Supreme Court
CITATION : The Geelong Advertiser Pty Ltd v Bertolacci [2008] NSWSC 1363
HEARING DATE(S) : 28 November 2008
JUDGMENT DATE : 19 December 2008
JUDGMENT OF : Price J at 1
DECISION : 1.Pursuant to s 8(1) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 the proceedings pending in the District Court of New South Wales being case number 1106/08 be transferred forthwith to this Court. 2. That The Geelong Advertiser Pty Ltd file its defence to the proceedings on or before 4pm 30 January 2009. 3. That upon the defence being filed in accordance with order 2 the proceedings are thereupon to be transferred to the Supreme Court of Victoria pursuant to s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987. 4. Costs of the proceedings in both the District Court of New South Wales and the Supreme Court of New South Wales are to abide the outcome of the proceedings in the Supreme Court of Victoria.
CATCHWORDS : PRACTICE AND PROCEDURE - defamation proceedings - cross vesting - interests of justice - appropriate forum - defence not filed - transfer
Defamation Act 2005 s 11(1) LEGISLATION CITED : s 11(2) Jurisdiction of Courts (Cross-Vesting) Act 1987 s 5(2)(b)(iii), s 8(1)
CATEGORY : Procedural and other rulings
BHP Billiton Ltd v Schulz (2004) 221 CLR 400 CASES CITED : British American Tobacco Australia Ltd v Gordon [2007] NSWSC 230 Valceski v Valceski [2007] NSWSC 440 White v Overland [2001] FCA 1333
PARTIES : The Geelong Advertiser Pty Ltd Loris Bertolacci
FILE NUMBER(S) : SC 13863 of 2008
COUNSEL : Mr M O'Meara (Applicant) MR P Bates (Respondent)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate