Capilano Honey Ltd v Mulvany (No 3) [2018] NSWSC 767

Supreme Court New South Wales

Medium Neutral Citation: Capilano Honey Ltd v Mulvany (No 3) [2018] NSWSC 767 Hearing dates: 5, 18 May 2018 Date of orders: 30 May 2018 Decision date: 30 May 2018 Jurisdiction: Common Law Before: McCallum J Decision: Pursuant to s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1897 (NSW), that the proceedings be transferred to the Supreme Court of Victoria Catchwords: JURISDICTION – cross-vesting – application to have proceedings transferred to Supreme Court of Victoria – consideration of relevant factors – delay – jurisdictional nexus – expense and inconvenience – where plaintiffs filed motion after listing of cross-vesting motion to have defendant dealt with for contempt of interlocutory orders – importance of procedural fairness to defendant facing allegations of contempt Legislation Cited: Jurisdiction of Courts (Cross Vesting) Act 1987 (NSW), s 5(2) Service and Execution of Process Act 1992 (Cth), ss 15, 17 Supreme Court Rules 1970 (NSW), r 74.8 Uniform Civil Procedure Rules 2005 (NSW), r 44.5 Cases Cited: Capilano Honey Ltd v Mulvany (No 2) [2017] NSWSC 1237 Capilano Honey Ltd v Mulvany [2017] NSWSC 833 Dow Jones v Gutnick (2002) 210 CLR 575; [2002] HCA 56 In the matter of Nail Fairy Bulimba Pty Ltd [2018] NSWSC 446 Jackson v John Fairfax & Sons Ltd (1988) 96 FLR 145 Category: Procedural and other rulings Parties: Capilano Honey Ltd (first plaintiff) Ben McKee (second plaintiff) Simon Mulvany (defendant) Representation: Counsel: ATS Dawson SC, M Cowden (plaintiffs) Defendant self-represented