Pittini v Metcash Food & Grocery Pty Ltd [2019] NSWSC 80

Supreme Court New South Wales

Medium Neutral Citation: Pittini v Metcash Food & Grocery Pty Ltd [2019] NSWSC 80 Hearing dates: 31 January 2019 Date of orders: 31 January 2019 Decision date: 13 February 2019 Jurisdiction: Common Law Before: Lonergan J Decision: 1. Pursuant to s 140(1) of the Civil Procedure Act 2005 (NSW), an order that District Court of New South Wales proceedings 2017/00340749 (including the cross-claim in the proceedings) (Subject Proceedings) be transferred to the Supreme Court of New South Wales.

2. Pursuant to s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), an order that the Subject Proceedings then be transferred to the Supreme Court of Queensland.

3. The costs of the Subject Proceedings to date, and of this Summons, be costs in the cause. Catchwords: PRACTICE AND PROCEDURE – transfer of proceedings – application to transfer from the District Court to Supreme Court of New South Wales – application to transfer proceedings to Supreme Court of Queensland – jurisdictional limit Legislation Cited: Civil Procedure Act 2005 (NSW), s 140 Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), s 5 Category: Procedural and other rulings Parties: Joseph James Pittini (First plaintiff) Brendt William Munro (Second plaintiff) Metcash Food & Grocery Pty Ltd (Defendant) Representation: Counsel: Mr A Byrne (Plaintiffs) Mr P Dunn (Solicitor) (Defendant)

Solicitors: Porter Davies Lawyers (Plaintiffs) Dentons (Defendant) File Number(s): 2018/379246 Publication restriction: Nil