In the matter of Nail Fairy Bulimba Pty Ltd [2018] NSWSC 446

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Nail Fairy Bulimba Pty Ltd [2018] NSWSC 446 Hearing dates: Monday, 12 February 2018 Date of orders: 12 February 2018 Decision date: 12 February 2018 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Pursuant to (NSW) Jurisdiction of Courts (Cross-Vesting) Act 1987 s 5(2), the Court orders that the proceedings be transferred to the Supreme Court of Queensland Catchwords: JURISDICTION – Cross-vesting – Transfer of proceedings – between State Supreme Courts – relevant considerations – where plaintiff resides in New South Wales and the defendant resides in Queensland – where the defendant company's principal place of business is in Queensland – centre of main interests in Queensland – held, proceedings transferred. Legislation Cited: (CTH) Corporations Act 2001 (NSW) Jurisdiction of Courts (Cross-Vesting) Act 1987, s 5 Cases Cited: BHP Billiton Limited v Shultz [2004] 221 CLR 400 British American Tobacco Australian Ltd v Gordon [2007] NSWSC 230 BioAg Pty Ltd v Hickey [2007] NSWSC 296 Category: Procedural and other rulings Parties: Isabell Yenah Toh (Plaintiff) Nail Fairy Bulimba Pty Ltd (ACN 611 057 446) (First Defendant) David Kim (Second Defendant) Representation: Counsel: J Stephenson (Plaintiff) J. Lucy (First and Second Defendants)

Solicitors: H & H lawyers (Plaintiff) Panacea Lawyers (First and Second Defendants) File Number(s): 2017/ 374468