Lambert v Twigg Investments Pty Limited ACN 124 880 799 as Trustee for the Twigg Investments Trust [2018] NSWSC 1748

Supreme Court New South Wales

Medium Neutral Citation: Lambert v Twigg Investments Pty Limited ACN 124 880 799 as Trustee for the Twigg Investments Trust [2018] NSWSC 1748 Hearing dates: 14 November 2018 Decision date: 16 November 2018 Jurisdiction: Equity - Commercial List Before: Ball J Decision: The defendant's notice of motion filed on 24 August 2018 be dismissed with costs. Catchwords: CIVIL PROCEDURE – Cross-vesting – Transfer to other Supreme Court – Relevant factors Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) Limitation of Actions Act 1958 (Vic) Cases Cited: Taurus Funds Management Pty Ltd v Aurox Resources Ltd [2010] NSWSC 1223 Category: Procedural and other rulings Parties: Frances Lambert (First Plaintiff) Elizabeth Flintoft (Second Plaintiff) Diane Twigg (Third Plaintiff) Twigg Investments Pty Limited ACN 124 880 799 as Trustee for the Twigg Investments Trust (Defendant) Representation: Counsel: M Elliott SC with D Barlin (Plaintiffs) JC Giles SC with A Kaufmann (Defendant)

Solicitors: Roberts & Partners Lawyers (Plaintiffs) Radcliffs (Defendant) File Number(s): 2018/212326 Publication restriction: None

Judgment

Introduction 1. By a notice of motion filed on 24 August 2018, the defendant, Twigg Investments Pty Limited, seeks an order pursuant to s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) (the Cross-Vesting Act) transferring these proceedings to the Supreme Court of Victoria.