Benson v Rational Entertainment Enterprises Ltd [2015] NSWSC 906

Supreme Court New South Wales

Medium Neutral Citation: Benson v Rational Entertainment Enterprises Ltd [2015] NSWSC 906 Hearing dates: 23 June 2015 Date of orders: 10 July 2015 Decision date: 10 July 2015 Jurisdiction: Equity Division Before: Robb J Decision: (1) The defendants' amended notice of motion is dismissed.

(2) The parties are directed to deliver submissions as to the appropriate costs order to be made (having regard to the dismissal of the defendants' amended notice of motion and the matters considered in pars 12 and 13 of these reasons for judgment) to the associate to Robb J within 14 days.

(3) The plaintiff is directed to file and serve an amended statement of claim (having regard to the matter considered in par 12 of these reasons for judgment) within 14 days.

(4) Exhibits may be returned forthwith in accordance with the rules of the Court. Catchwords: PROCEDURE – motion for originating process to be set aside pursuant to UCPR rr 11.7 and 12.11 – whether plaintiff established claims fall within one of the heads of extra-territorial jurisdiction in UCPR Schedule 6 – whether requisite degree of satisfaction that proceedings founded on breach of contract in this State or subject-matter of proceedings is a contract in respect of a breach committed in this State – test is whether party has a "good arguable case" – quasi-contractual obligations on basis of money had and received – claims satisfy UCPR Schedule 6 – whether this Court is an inappropriate forum – held no other forum evident as clearly more appropriate – no unfair or significant imposition on defendants – motion dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Agar v Hyde (2000) 201 CLR 552 Bank of America v Bank of New York [1994] NSWCA 17; [1995] ATPR 41-390 Barach v University of New South Wales [2011] NSWSC 431 Coates v Charles Porter & Sons Pty Ltd (1990) 2 ACSR 733 FAI General Insurance Co Ltd v Ocean Marine Mutual Protection and Indemnity Association (1997) 41 NSWLR 559 Huddart Parker Ltd v Ship Mill Hill (1950) 81 CLR 502 Kim Michael Productions Pty Ltd v Tropical Islands Management Ltd [2010] NSWSC 269 Leigh-Mardon Pty Ltd v PRC Inc (1993) 44 FCR 88 at 95 Oceanic Sun Line Special Shipping Company Inc v Fay (1988) 165 CLR 197 Schweitzer v Kronen Verwaltungs GmbH [1998] VSC 190 The Eleftheria [1970] P 94 Vitkovice Horni A Hutni Tezirstvo v Korner [1951] AC 869; [1951] 2 All ER 334 Texts Cited: Nygh's Conflict of Laws in Australia (9th ed.) Ritchie's Uniform Civil Procedure NSW (loose leaf service) Category: Procedural and other rulings Parties: Gary Benson (plaintiff) Rational Entertainment Enterprises Ltd (first defendant) Rational Group Limited (second defendant) Oldford Group Limited (third defendant) Rational FT Limited (fourth defendant) Representation: Counsel: M W Young SC/M Gunning (plaintiff) A Zahra (first – fourth defendants)