Independent Trustee Services Ltd v Anthony John Morris [2010] NSWSC 847

New South Wales Supreme Court

CITATION : Independent Trustee Services Ltd v Anthony John Morris [2010] NSWSC 847

HEARING DATE(S) : 29 July 2010

JUDGMENT DATE : 4 August 2010

JUDGMENT OF : Ball J

DECISION : 1. Order that the time for compliance with orders 8(a) and 8(b) of the orders made by Pembroke J on 15 July 2010 be extended to 21 July 2010. 2. Otherwise, dismiss the defendant's amended notice of motion dated 27 July 2010 with costs.

CATCHWORDS : PRACTICE AND PROCEDURE - forum non conveniens - subject matter of proceedings already subject of proceedings in England where judgment was obtained in plaintiff's favour - whether proceedings in New South Wales would cause hardship - New South Wales Supreme Court appropriate venue - no hardship to defendant.

Civil Procedure Act 2005 (NSW) LEGISLATION CITED : Evidence Act 1995 (Cth) Foreign Judgments Act 1991 (Cth) Uniform Civil Procedures Regulations (NSW)

CATEGORY : Procedural and other rulings

CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345 CASES CITED : Davis v Turning Properties Pty Ltd (2005) 222 ALR 676; [2005] NSWSC 742 Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538 White v Verkouille [1990] 2 Qd R 191

PARTIES : Independent Trustee Services Limited (as Trustee of the Pension Schemes Listed in Annexure "A") (Plaintiff) Anthony James Morris (Defendant)

FILE NUMBER(S) : SC 2010/236266

G Parker SC (Plaintiff) COUNSEL : A R Zahra(Plaintiff) G Laughton SC (Defendant) S Kettle (Defendant)