Herriots (Cairns) Pty Limited v Genworth Financial Mortgage Insurance Pty Limited; Herriots Pty Limited as Trustee for the Ian Herriot Family Trust v Genworth Financial Mortgage Insurance Pty Limited [2015] NSWDC 139

District Court New South Wales

Medium Neutral Citation: Herriots (Cairns) Pty Limited v Genworth Financial Mortgage Insurance Pty Limited; Herriots Pty Limited as Trustee for the Ian Herriot Family Trust v Genworth Financial Mortgage Insurance Pty Limited [2015] NSWDC 139 Hearing dates: 12 June 2015 Date of orders: 15 June 2015 Decision date: 15 June 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Stay of proceedings granted

Applicants to pay respondent's costs Catchwords: PRACTICE AND PROCEDURE – Stay of proceedings – Whether New South Wales or Queensland District Court the appropriate court – Property valuation dispute – Property subject of proceedings situated in Queensland – Representation of value of property ultimate issue – NSW law probably applicable law as representations made to NSW-based companies – Law in both States the same – Witnesses might be required from each State but valuers who made variations residents of Queensland and expert evidence required of Queensland valuations Legislation Cited: District Court of Queensland Act 1987 (QLD) Service and Execution of Process Act 1992 (Cth) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 1999 (QLD) Cases Cited: ACN 080 988 807 Pty Ltd v Kneipp [2002] SADC 165 Simmons v Wanless [2014] QDC 42 St George Bank Ltd v McTaggart [2003] QCA 59; [2003] 2 Qd R 568 Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538 Category: Procedural and other rulings Parties: 2015/41346 Herriots (Cairns) Pty Limited (Applicant/Defendant) Genworth Financial Mortgage Insurance Pty Limited (Respondent/Plaintiff)