Fokas v Halik Corporation Pty Limited [2011] NSWSC 1565

Supreme Court New South Wales

Medium Neutral Citation: Fokas v Halik Corporation Pty Limited [2011] NSWSC 1565 Hearing dates: 12 December 2011 Decision date: 16 December 2011 Jurisdiction: Common Law Before: Schmidt J Decision: 1. That pursuant to Section 5 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), these proceedings be transferred to the Federal Court of Australia, Melbourne Registry, Victoria. 2. The Registrar is to deliver this Court's file (or a copy thereof) to the Federal Court of Australia, Melbourne Registry, Victoria as soon as practicable and to notify the legal representatives for the parties when this has been done. 3. The Plaintiff is to pay the costs of the First and Second Defendants with respect to this motion as agreed or assessed. Catchwords: PROCEDURE - Courts and judges generally - Courts - motion - order seeking transfer of proceedings under cross-vesting legislation - two separate proceedings - one commenced in Victoria one in New South Wales - whether proceedings should be transferred to Federal Court - orders made - costs Legislation Cited: Jurisdiction of Courts (Cross Vesting) Act 1987 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 BHP Billiton Ltd v Schultz [2004] HCA 61; 221 CLR 400 Category: Procedural and other rulings Parties: George Fokas (Plaintiff) Halik Corporation Pty Limited ACN 099 293 571 t/as Financial Freedom Institute (First Defendant) Nik Halik (Second Defendant) Representation: Counsel: Mr SA Bensen (Plaintiff) Solicitors: Deluchi & Co (Admin) Pty Ltd t/as ACD Legal (Plaintiff) Mr PA Biber (as agent) A'Beckett Lawyers (First and Second Defendants) File Number(s): 2011/267918 Publication restriction: None