NSW Caselaw
New South Wales Supreme Court
CITATION : Provectus Care Pty Ltd v Epicor Software (Aust) Pty Ltd [2009] NSWSC 1281
HEARING DATE(S) : 6 November 2009
JUDGMENT DATE : 6 November 2009
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 6 November 2009
DECISION : 1. Make orders in accordance with paragraphs 1, 2, 3 and 4 of the summons; 2. order that the plaintiff's costs of the application for the transfer of the proceedings be the plaintiff's costs in the proceedings; 3. order that the plaintiff in these proceedings file its defence and cross-claim within seven days; 4. order the defendant in this Court, (plaintiff in the Local Court), file its defence to cross-claim seven days after that, being 20 November 2009; 5. stand the proceedings over to the Registrar's list on Wednesday, 25 November 2009.
CATCHWORDS : PROCEDURE - transfer of proceedings - cross-claim in local court proceedings brings matter beyond monetary jurisdiction of local court - consideration of jurisdiction of District Court - sufficient doubt as to whether District Court would have jurisdiction - proceedings transferred to Supreme Court
Civil Procedure Act 2005 (NSW) LEGISLATION CITED : Trade Practices Act 1974 (Cth) District Court Act 1973 (NSW)
CATEGORY : Procedural and other rulings
CASES CITED : Ryner Pty Ltd v Roller [2007] NSWSC 372
PARTIES : Plaintiff: Provectus Care Pty Ltd Defendant: Epicor Software (Aust) Pty Ltd
FILE NUMBER(S) : SC 14803/09
COUNSEL : Plaintiff: E Peden Defendant: D R Meltz
SOLICITORS : Plaintiff: S Moran & Co Defendant: Coleman & Greig
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