Beijing Joseph Investment Co. Ltd v Starr World Investment Ltd [2014] NSWSC 1925

Supreme Court New South Wales

Medium Neutral Citation: Beijing Joseph Investment Co. Ltd v Starr World Investment Ltd [2014] NSWSC 1925 Hearing dates: 5 November 2014 Date of orders: 11 December 2014 Decision date: 11 December 2014 Jurisdiction: Equity Division Before: Robb J Decision: (1) Pursuant to section 5(2) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) order that these proceedings forthwith be transferred to the Supreme Court of Western Australia (2) Order the plaintiffs to pay the second and fourth defendants' costs of their notice of motion filed on 14 October 2014 (3) Order that the exhibits may be returned forthwith in accordance with the Rules Catchwords: PROCEDURE – cross vesting – Supreme Court of Western Australia – extra-territorial jurisdiction – defendants in China – whether proceeding is pending when not all defendants have been served – service on all defendants not essential to cross-vest – whether in interest of justice to cross-vest proceedings Legislation Cited: Corporations Act 2001 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) s 5(2) Rules of the Supreme Court of Western Australia 1971 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: BHP Billiton Ltd v Schultz [2004] HCA 61; (2004) 221 CLR 400 Valceski v Valceski [2007] NSWSC 440 Category: Principal judgment Parties: Beijing Joseph Investment Co Limited (China) (first plaintiff) Joseph Investment International Co Limited (China) (second plaintiff) Guangzhou Guangrong Investment Management Group Co Limited (China) (third plaintiff) Starr World Investment Limited (Hong Kong) (first defendant) Cauldron Energy Limited (Australia) (second defendant) Shengjie Huang, aka Yuejie Huang or Anson Huang (third defendant) Anthony Sage (fourth defendant) Representation: Counsel: G McGrath SC/K Young (plaintiff) R Lancaster SC/B Kremer (first and fourth defendants)