Wicomm Pty Ltd v CJ-Milne Solutions Pty Ltd [2015] NSWDC 413

District Court New South Wales

Medium Neutral Citation: Wicomm Pty Ltd v CJ-Milne Solutions Pty Ltd [2015] NSWDC 413 Hearing dates: 21 and 22 April 2015 Date of orders: 22 April 2015 Decision date: 22 April 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Defendant's notice of motion dismissed. (2) Plaintiff's costs of the notice of motion be the plaintiff's costs in the proceedings. (3) Direct that the plaintiff serve upon the defendant by 4 May 2015 a draft of any amended statement of claim it proposes to file. (4) Direct that the parties communicate by 4 May 2015 with a view to agreeing on consent directions to enable the matter to be ready for hearing. (5) Stand over for directions on Thursday, 28 May 2015 before the Judicial Registrar. Catchwords: PROCEDURE – proceedings in District Court of New South Wales – whether County Court of Victoria is the appropriate court – primary issue is terms of the contract – contract made on telephone with parties in Sydney and Melbourne – work done in Sydney and Melbourne – financial circumstances of parties relevant – plaintiff's primary witness was plaintiff's primary employee – defendant's primary witness was no longer employed – breadth of discretion – interests of justice – convenience - costs Legislation Cited: Civil Procedure Act 2005, s 56 Commonwealth of Australia Constitution Act 1902 (Cth), s 109 Service and Execution of Process Act 1992 (Cth), s 20 Uniform Civil Procedure Rules 2005, r 42.1, r 42.7 Cases Cited: In the matter of Featherston Resources Limited; Tetley & Ors v Weston & Ors [2014] NSWSC 1139 Queensland Rail v Irving (2004) 1 DDCR 578 Rick Cobby Pty Ltd v Podesta Transport Pty Ltd (1997) 139 FLR 54 St George Bank Ltd v McTaggart [2003] 2 Qd R 568; [2003] QCA 59 Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538 Category: Procedural and other rulings Parties: Wicomm Pty Ltd (plaintiff) CJ-Milne Solutions Pty Ltd (defendant) Representation: Counsel: Mr R Gration (plaintiff) Mr J Foster (defendant)