Eclectic Investments v Polymetals Group [2010] NSWSC 300

New South Wales Supreme Court

CITATION : Eclectic Investments v Polymetals Group [2010] NSWSC 300

HEARING DATE(S) : 13 April 2010 JURISDICTION : Equity Division Commercial List

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 13 April 2010

DECISION : I order that the defendants' notice of motion filed 17 December 2009 be dismissed with costs, and that the plaintiff's notice of motion filed on 1 March 2010 be dismissed with costs. I order that costs be set off.

CATCHWORDS : PROCEDURE – cross-vesting – application to cross-vest – application to stay proceedings or for court to decline to exercise jurisdiction – whether Supreme Court of Queensland the more appropriate forum – interests of justice – connecting factors – where contract concluded – where breach occurred – balance of convenience – location of relevant witnesses – availability of listing in commercial list in Queensland – not satisfied that Queensland is the more appropriate forum – UCPR r 12.11, Civil Procedure Act 2005 (NSW) s 70, Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) - LEGAL PRACTITIONERS – duties and liabilities – application to restrain solicitor from acting – where solicitor may be witness – whether conduct of party's case could conflict with interests of solicitor – where no evidence that solicitor would not fulfil professional obligations – motion dismissed – Law Society of NSW Professional Conduct and Practice Rules 1995 r 19, Queensland Law Society Legal Profession (Solicitors) Rules 2007 r 13.4

Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) LEGISLATION CITED : Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) Law Society of NSW Professional Conduct and Practice Rules 1995 Uniform Civil Procedure Rules