Toyota Finance Limited v Alternate Lending Limited [2015] NSWSC 1375

Supreme Court New South Wales

Medium Neutral Citation: Toyota Finance Limited v Alternate Lending Limited [2015] NSWSC 1375 Hearing dates: 14 August 2015 Date of orders: 14 August 2015 Decision date: 14 August 2015 Jurisdiction: Common Law Before: Rothman J Decision: 1) The motion filed 30 September 2014 is dismissed;

2) The plaintiff shall file and serve a defence to the cross-claim and any reply to the defence to the amended statement of claim within 14 day of the date thereof 4pm 28 August 2015;

3) Evidence shall proceed by way of affidavit;

4) The plaintiff shall file and serve its affidavits by 4pm 4 September 2015;

5) The defendant shall file and serve its affidavits by 4pm 25 September 2015;

6) The plaintiff shall file and serve any affidavits in reply by 4pm 9 October 2015;

7) The matter will be relisted before the Registrar for directions and/or obtaining of hearing dates on 16 October 2015.

8) The parties have liberty to apply on 3 working days' notice;

9) The defendant shall pay the plaintiff's costs of and incidental to the motion. Catchwords: TRANSFER OF PROCEEDINGS – defendant motion to transfer proceedings to Victorian Supreme Court – matter then to be transferred to county court of Victoria in Mildura – main issue is location of witnesses – some witness in Mildura to be called regarding particular issue but exaggeration of number – no evidence that witness would be inconvenienced – not in interests of justice to transfer proceedings Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) Instruments Act 1958 (Vic) Cases Cited: BHP Billiton Ltd v Schultz [2004] HCA 6; (2004) 221 CLR 400 Perpetual Trustee Co Ltd as Custodian for Balmain Aqua Construction Debt Pool and Balmain Aqua Mezzanine Debt Pool v Batt [2014] NSWSC 1211 Valkeski v Valkeski [2007] NSWSC 440; (2007) 70 NSWLR 36 Category: Procedural and other rulings Parties: Toyota Lending (Plaintiff) Alternate Lending (Defendant) Representation: Counsel: S. Wells (Respondent/Plaintiff) S. Lipp (Applicant/Defendant)