Lynpland Pty Ltd v De Simone Nominees Pty Ltd & Ors [2009] NSWSC 545

New South Wales Supreme Court

CITATION : Lynpland Pty Ltd v De Simone Nominees Pty Ltd & Ors [2009] NSWSC 545

HEARING DATE(S) : 27 May 2009; 12 June 2009

JUDGMENT DATE : 19 June 2009

JUDGMENT OF : Schmidt AJ

1. The plaintiff is to file and serve its further amended statement of claim within 7 days of this judgment. 2. The plaintiff is to bear the first and third defendants' costs thrown away in meeting the amended statement of claim. DECISION : 3. The plaintiff is to bear the first and third defendants' costs of the motions of 29 July 2008 and 27 March 2009. 4. The defendants are to file and serve their defences to the plaintiff's further amended statement of claim within 28 days of service of the further amended statement of claim. 5. The proceedings are transferred to the Supreme Court of Victoria.

CATCHWORDS : Procedure - courts and judges generally - courts - concurrent jurisdiction of different courts - transfer of proceedings under cross-vesting legislation - proceedings to be transferred to the Supreme Court of Victoria - costs

Corporations Act 2001 (Cth) LEGISLATION CITED : Jurisdiction of Courts (Cross-vesting) Act 1987 Uniform Civil Procedure Rules 2005

CATEGORY : Principal judgment

BHP Billiton Ltd v Schultz (2004) 221 CLR 400 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 CASES CITED : James Hardie & Coy Pty Ltd v Barry and Anor (2000) 50 NSWLR 357 Legal Services Commissioner v Brereton (Legal Practice) [2008] VCAT 1723 Legal Services Commissioner v Brereton (Legal Practice) [2008] VCAT 2073