Parramatta Operations TC Pty Ltd trading as APX Parramatta v Consulting Professional Engineers Pty Ltd trading as Consulting Professional Engineers Pty Ltd [2018] NSWDC 202

District Court New South Wales

Medium Neutral Citation: Parramatta Operations TC Pty Ltd trading as APX Parramatta v Consulting Professional Engineers Pty Ltd trading as Consulting Professional Engineers Pty Ltd [2018] NSWDC 202 Hearing dates: 24 July 2018 Date of orders: 24 July 2018 Decision date: 24 July 2018 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Grant leave to file in court the Amended Statement of Claim. (2) Note that the parties agree that this Court has no jurisdiction to hear and determine the commercial dispute between them. (3) Note that proceedings between the parties dealing with the same matter in the Magistrates' Court of Victoria remain stayed by consent. (4) Transfer these proceedings under s 20 of the Service and Execution of Process Act 1992 (Cth) to the Local Court of New South Wales. (5) Order the plaintiff/cross-defendant to pay the defendant's/cross-claimant's costs of today. Catchwords: CIVIL PROCEDURE — Jurisdiction — Transfers to and from other courts — District and Local Courts – Stay of proceedings Legislation Cited: Service and Execution of Process Act 1992 (Cth), s 20 Cases Cited: Abbott v Klein [2015] NSWDC 45 Forsyth v Deputy Commissioner of Taxation (2007) 231 CLR 531; [2007] HCA 8 May v Brahmbhatt [2013] NSWCA 309 Mega-top Cargo Pty Ltd v Moneytech Services Pty Ltd [2015] NSWCA 402 New South Wales Land and Housing Corporation v Quinn [2016] NSWCA 338 Sapphire Suite Pty Ltd v Bellini Lounge Pty Ltd [2018] NSWDC 160 The NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd [2017] NSWSC 1194 Category: Procedural and other rulings Parties: Parramatta Operations TC Pty Ltd trading as APX Parramatta (plaintiff/cross-defendant) Consulting Professional Engineers Pty Ltd trading as Consulting Professional Engineers Pty Ltd (defendant/cross-claimant) Representation: Counsel: Dr A J Greinke (plaintiff/cross-defendant) Ms J A Grainger (defendant/cross-claimant)