NSW Caselaw
New South Wales Supreme Court
CITATION : Landmark Property v Goodfellows [2010] NSWSC 1161
HEARING DATE(S) : 11 October 2010 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 11 October 2010
DECISION : Defendant's application for transfer dismissed with costs.
CATCHWORDS : PROCEDURE - Cross-vesting - Jurisdiction of Courts (Cross-vesting) Act 1987, s 5(2)(b)(iii) - application by defendant that proceedings be transferred to the Supreme Court of Queensland - contract for performance of work by plaintiff resident in NSW in relation to land situated in Qld and owned by a Qld resident - defendant to rely on conversations in Qld alleged to have varied the contract and breached the Trade Practices Act 1974 (Cth) - plaintiff to rely on conversations in NSW - work done in NSW - predominance of witnesses resident in NSW - plaintiff's records in NSW
LEGISLATION CITED : Jurisdiction of Courts (Cross-vesting) Act 1987 Trade Practices Act 1974 (Cth)
Bankinvest AG v Seabrook (1988) 90 ALR 407 Dawson v Baker (1994) 120 ACTR 11 CASES CITED : James Hardie & Coy Pty Ltd v Barry [2000] NSWCA 353; (2000) 50 NSWLR 357 ERG Transit Systems Ltd v Keane Australia Micropayment Consortium Pty Limited [2009] NSWC 1296 BHP Billiton Limited v Schultz [2004] HCA 61; (2004) 221 CLR 400
PARTIES : Landmark Property Group Australia Pty Limited (Plaintiff) Goodfellows Developments Pty Limited (Defendant)
FILE NUMBER(S) : SC 2010/152862
COUNSEL : L Shipway (Defendant)
SOLICITORS : Lander & Rogers (Plaintiff) Romans & Romans Lawyers (Defendant)
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