Marvoe Management Pty Ltd v Plantation Management Services (WA) Pty Ltd [2012] NSWSC 306

Supreme Court New South Wales

Medium Neutral Citation: Marvoe Management Pty Ltd v Plantation Management Services (WA) Pty Ltd [2012] NSWSC 306 Hearing dates: 9 March 2012 Decision date: 02 April 2012 Jurisdiction: Common Law Before: R A Hulme J Decision: Application for the proceedings to be transferred to the Supreme Court of the Northern Territory is refused. Defendants to pay the plaintiff's costs with respect to the motion as agreed or assessed. Catchwords: PROCEDURE - transfer of proceedings - Jurisdiction of Courts (Cross-vesting) Act 1987 s 5(2) - application to have proceeding transferred to Supreme Court of the Northern Territory - what the "interests of justice" require - factors in determining - Uniform Civil Procedure Rules 2005 r 44.5 - application is premature Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 Sales of Goods Act 1923 Uniform Civil Procedure Rules 2005 Cases Cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 BHP Billiton Ltd v Schultz [2004] HCA 61; (2004) 221 CLR 400 James Hardie & Co Pty Ltd v Barry [2000] NSWCA 353; (2000) 50 NSWLR 357 Livestock Transport (Sydney) v Commonwealth of Australia [2011] NSWSC 283 Category: Principal judgment Parties: Marvoe Management Pty Limited (Plaintiff/Respondent) Plantation Management Services (WA) Pty Limited (1st Defendant/Applicant) Bobadah Pty Limited (2nd Defendant/Applicant) Representation: Mr R Scruby (Plaintiff) Mr C Purdy (Defendants) Slater & Gordon James Tuite & Associates File Number(s): 2011/377173