Bendigo and Adelaide Bank Limited v Heath [2018] NSWSC 1030

Supreme Court New South Wales

Medium Neutral Citation: Bendigo and Adelaide Bank Limited v Heath [2018] NSWSC 1030 Hearing dates: 2 July 2018 Date of orders: 02 July 2018 Decision date: 02 July 2018 Jurisdiction: Common Law Before: Campbell J Decision: 1. District Court proceedings number 2016/0044540 (Proceeding) is removed to the Supreme Court pursuant to s 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW). 2. The proceeding is then transferred to the Supreme Court of Victoria pursuant to s 5(2) of the said Act. 3. Costs are costs in the cause. I note that matters agreed between the parties recorded in paras 1 and 2 of the notation to the consent order. Catchwords: PRACTICE AND PROCEDURE – application to remove proceedings pending - whether proceedings should be transferred to the Supreme Court of Victoria - Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) - class action - deed of settlement Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), ss 5, 8 Supreme Court Act 1986 (Vic) Cases Cited: Nil Texts Cited: Nil Category: Consequential orders (other than Costs) Parties: Bendigo and Adelaide Bank Limited (Plaintiff) Kerry Elizabeth Heath (Defendant) Representation: Counsel: B Koch (Plaintiff) ex parte

Solicitors: TurksLegal (Plaintiff) Sasha Ivantsoff Solicitors (Defendant) File Number(s): 2018/00182257 Publication restriction: No