Nova 96.9 Pty Ltd v Natvia Pty Ltd [2018] NSWSC 1288

Supreme Court New South Wales

Medium Neutral Citation: Nova 96.9 Pty Ltd v Natvia Pty Ltd [2018] NSWSC 1288 Hearing dates: 7 August 2018 Date of orders: 10 August 2018 Decision date: 10 August 2018 Jurisdiction: Equity - Duty List Before: Rein J Decision: See [34] - [37] Catchwords: JURISDICTION – Jurisdiction of the District Court – District Court Proceedings commenced in respect of fees said to be due pursuant to advertising contracts entered into by the parties – Defendant claimed District Court did not have jurisdiction to hear the matter as it arose from a "commercial transaction" – Plaintiffs sought a transfer of the Proceedings to the Supreme Court, and, once transferred, that it be remitted back to the District Court – District Court Proceedings fixed for hearing in September 2018; s 44 of the District Court Act 1973 (NSW) considered – Whether or not the Proceedings would have been assigned to the Common Law Division of the Supreme Court on 2 February 1998 – Whether or not the Proceedings arose from a "commercial transaction" within the meaning of Rule 14.2(1)(a) of the Supreme Court Rules as at 2 February 1998 – The NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd [2017] NSWSC 1194, considered and followed; HELD: Proceedings arose from a "commercial transaction" and would not have been assigned to the Common Law Division of the Supreme Court on 2 February 1998 – Pursuant to s 140 of the Civil Procedure Act 2005 (NSW) ("CPA"), Proceedings transferred to the Supreme Court – Proceedings could not be transferred back to the District Court pursuant to s 146(1) of the CPA.

STATUTORY INTERPRETATION – The effect of disjunctive 'or' in Rule 14.2(1)(a) of the Supreme Court Rules as at 2 February 1998; HELD: "commercial transaction" not restricted or to be read down by "in trade or commerce" in Rule 14.2(1)(b) of the Supreme Court Rules as at 2 February 1998; discussion of principles of statutory interpretation. Legislation Cited: Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Foreign States Immunities Act 1985 (Cth) Sale of Goods Act 1923 (NSW) Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 Attorney-General (NSW) v Brewery Employees Union (NSW) (1908) 6 CLR 469 Bellmere Park Pty Ltd v Benson [2007] QCA 102 Bushby v Dixon Holmes du Pont Pty Ltd [2010] NSWSC 234 Commonwealth v Huon Channel & Peninsula Steamship Co Ltd (1918) 24 CLR 385 Firebird Global Master Fund II Ltd v Republic of Nauru (2015) 258 CLR 31 Forsyth v Deputy Commissioner of Taxation (2007) 231 CLR 531 Gamer's Motor Centre (Newcastle) Pty Ltd v Natwest Wholesale Australia Pty Ltd (1985) 3 NSWLR 475 Huddart Parker Ltd v Commonwealth (1931) 44 CLR 492 Inland Revenue Commissioners v Rowntree & Co Ltd [1948] 1 All ER 482 Jago v District Court (NSW) (1989) 168 CLR 23 Keramaniakis v Wagstaff [2005] NSWDC 14 Khatri v Price (1999) 95 FCR 287 Mahommed v Unicomb [2017] NSWCA 65 Momcilovic v The Queen (2011) 245 CLR 1 Morley v Richardson (1942) 65 CLR 512 NRMA Insurance Ltd v Flanagan [1982] 1 NSWLR 585 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 Pelechowski v Registrar, Court of Appeal (1999) 198 CLR 435 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 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 Visy Industries USA Pty Ltd v Federal Commissioner of Taxation (2011) 284 ALR 455 Williams v Pisano [2015] NSWCA 177 Texts Cited: Statutory Interpretation in Australia (Pearce and Geddes, LexisNexis Butterworths, 8th ed, 2014) The Macquarie Dictionary (the Macquarie Library Pty Ltd, 2nd revised ed, 1990) Category: Procedural and other rulings Parties: Nova 96.9 Pty Ltd (First Plaintiff) Nova 106.9 Pty Ltd (Second Plaintiff) Nova 100 Pty Ltd (Third Plaintiff) Natvia Pty Ltd (Defendant) Representation: Counsel: Mr P. Doyle-Gray (Plaintiffs) Mr N. Olson (Defendant)