Earth Capital Pty Ltd v Wentworth Global Capital Finance Pty Ltd [2016] NSWSC 1814

Supreme Court New South Wales

Medium Neutral Citation: Earth Capital Pty Ltd v Wentworth Global Capital Finance Pty Ltd [2016] NSWSC 1814 Hearing dates: 9 December 2016 Decision date: 09 December 2016 Jurisdiction: Equity Before: Stevenson J Decision: The proceedings be transferred to the District Court of NSW pursuant to s 146 of the Civil Procedure Act 2005 (NSW) Catchwords: PRACTICE AND PROCEDURE – where plaintiff's claim for $200,000 – where plaintiff seeks to have proceedings transferred to the District Court – where defendants resist application by reason of other proceedings in this Court said to arise from similar facts - where defendants not prepared to give undertakings to protect plaintiff from adverse Costs implications of remaining in this court Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Earth Capital Pty Limited (Plaintiff/Applicant) Wentworth Global Capital Finance Pty Limited (First Defendant/Respondent) Scott Terrence Griffin (Second Defendant/Respondent) Ian James Gebbie (Third Defendant/Respondent) Cashel Financial Services Pty Limited (Fourth Defendant/Respondent) Brad Mason (Fifth Defendant/Respondent) Representation: Counsel: C P O'Neill (Plaintiff/Applicant) A Horvath (Fourth and Fifth Defendants/Respondents)

Solicitors: Peterson Haines (Plaintiff/Applicant) William James Law (First, Second and Third Defendants/Respondents) Norton Rose Fulbright (Fourth and Fifth Defendants/Respondents) File Number(s): SC 2016/74565