NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Ha Ha Jing Pty Limited v My Queen Pty Limited [2017] NSWSC 594 Hearing dates: 9 May 2017 Date of orders: 11 May 2017 Decision date: 11 May 2017 Jurisdiction: Common Law Before: Johnson J Decision: 1. Summons filed on 27 March 2017 is dismissed. 2. Plaintiff to pay Defendant's costs of the Summons. Catchwords: PRACTICE AND PROCEDURE - proceedings commenced in the District Court of NSW seeking damages for breach of contract - Defendant in those proceedings applies to cross-vest proceedings to Victoria - application under s.140(1) Civil Procedure Act 2005 and s.5(2)(b)(iii) Jurisdiction of Courts (Cross-vesting) Act 1987 - whether transfer of proceedings to Victoria is in interests of justice - transfer application declined Legislation Cited: Civil Procedure Act 2005 (NSW) Civil Procedure Act 2010 (Vic) Jurisdiction of Courts (Cross-vesting) Act 1987 Cases Cited: BHP Billiton Limited v Schulz [2004] HCA 61; 221 CLR 400 James Hardie & Co Pty Ltd v Barry [2000] NSWCA 353; 50 NSWLR 357 McGuirk v University of New South Wales [2009] NSWSC 1424 Texts Cited: --- Category: Principal judgment Parties: Ha Ha Jing Pty Limited (Plaintiff) My Queen Pty Limited (Defendant) Representation: Counsel: Mr F Lim (Plaintiff) Ms CT Ensor (Defendant)
Solicitors: Lim and Lim Legal Pty Limited (Plaintiff) Hayden Carlisle Fox (Defendant) File Number(s): 2017/93134 Publication restriction: ---
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