Ma v Expeditors International Pty Limited [2012] NSWSC 873

Supreme Court New South Wales

Medium Neutral Citation: Ma v Expeditors International Pty Limited [2012] NSWSC 873 Hearing dates: 27 June 2012 Decision date: 03 August 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The proceedings in the District Court in matter number 2012/71891 be transferred to the Supreme Court of NSW. 2. The proceedings in the Industrial Court in matter number 371/2012 be transferred to the Supreme Court of NSW. 3. The proceedings be heard together in this Court. Catchwords: PROCEDURE - transfer of proceedings - District Court proceedings - Industrial Court proceedings - alleged breach of employment contract - alleged underpayment of long service leave entitlements - breach of Corporations Act 2001 (Cth) - orders made - transfer of proceedings from District Court to Supreme Court - transfer of proceedings from Industrial Court to Supreme Court - costs Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Industrial Relations Act 1996 Long Service Leave Act 1955 Uniform Civil Procedure Rules 2005 Cases Cited: Adam v Sara [2010] NSWSC 530 Gordon v Tolcher (in his capacity as liquidator of Senafield Pty Ltd (In liquidation)) [2006] HCA 62; (2006) 231 CLR 334 Category: Procedural and other rulings Parties: Susanna Ma (Plaintiff) Expeditors International Pty Limited (Defendant) Representation: Counsel: Mr A Metcalfe Mr AR Moses SC with Mr Y Shariff Solicitors: Carroll & O'Dea Lawyers (Plaintiff) DLA Piper (Defendant) File Number(s): 2012/126458 Publication restriction: 2012/126458