Bendigo and Adelaide Bank Limited v Ratana [2018] NSWSC 1227

Supreme Court New South Wales

Medium Neutral Citation: Bendigo and Adelaide Bank Limited v Ratana [2018] NSWSC 1227 Hearing dates: 7 August 2018 Date of orders: 07 August 2018 Decision date: 07 August 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the plaintiff's notice of motion filed on 19 April 2018.

(2) Make no order as to costs. Catchwords: PRACTICE AND PROCEDURE – application for transfer – related proceedings in Victorian Supreme Court – hearing date already allocated and imminent in this Court – application refused

COSTS – reason to depart from general rule – no order as to costs Legislation Cited: Contracts Review Act 1980 (NSW) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), s 5 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Category: Principal judgment Parties: Bendigo and Adelaide Bank Limited (Plaintiff) Karen Ratana (Defendant) Representation: Counsel: B Koch (Plaintiff) B Horne (Defendant)

Solicitors: Turks Legal (Plaintiff) Benjamin Horne (Defendant) File Number(s): 2015/305412

Judgment: EX TEMPORE

Introduction 1. By notice of motion filed on 19 April 2018, Bendigo and Adelaide Bank Limited (the plaintiff) sought an order against Karen Ratana (the defendant) that these proceedings be transferred to the Supreme Court of Victoria pursuant to s 5(2) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW). The plaintiff, for whom Mr Koch appeared, relied on the affidavit of Patricia Kastanias, the plaintiff's solicitor, who annexed correspondence between the plaintiff's firm and the solicitors instructed by the defendant. The correspondence explained the basis of the application for transfer. The defendant did not respond in writing to this correspondence although Mr Horne, who appeared for the defendant, told Ms Kastanias that he thought that his client would oppose the application for transfer. Before turning to that correspondence, I propose to give a brief outline of the proceedings.