Australian Wholesale Meats (Sydney) v S&R Cool Logistics Pty Ltd [2018] NSWSC 1541

Supreme Court New South Wales

Medium Neutral Citation: Australian Wholesale Meats (Sydney) v S&R Cool Logistics Pty Ltd [2018] NSWSC 1541 Hearing dates: 4 October 2018 Date of orders: 04 October 2018 Decision date: 04 October 2018 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Order that pursuant to s 140(1) of the Civil Procedure Act 2005 the proceedings before the District Court of New South Wales, being 2015/349540, be transferred to the Supreme Court of New South Wales. (2) That the costs of this summons be reserved. (3) The proceedings so transferred be listed before the Registrar for directions on 18 October 2018 at 9am. Catchwords: Transfer of proceedings – doubt about District Court jurisdiction Legislation Cited: Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Cases Cited: Commonwealth Bank of Australia v QBE Insurance (Australia) Pty Ltd [2018] NSWSC 1440 NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd (2017) 324 FLR 261; [2017] NSWSC 1194 Sapphire Suite Pty Ltd v Bellini Lounge Pty Ltd [2018] NSWSC 136 Category: Procedural and other rulings Parties: Australian Wholesale Meats (Sydney) Pty Ltd (Plaintiff) S&R Cool Logistics Pty Ltd (First Defendant) Ultra Refrigeration Pty Ltd (Second Defendant) Representation: Counsel: DF Elliott (Plaintiff) A Ahmadi (First Defendant)

Solicitors: Lander & Rogers Lawyers (Plaintiff) Holman Webb Lawyers (First Defendant) Barry Nilsson Lawyers (Second Defendant) File Number(s): 2018/289998