NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Bidfood Australia Limited t/as Classic Meats Sydney v Something Nice Foods Pty Ltd [2019] NSWSC 650 Hearing dates: 4 June 2019 Date of orders: 04 June 2019 Decision date: 04 June 2019 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to s 140(1) of the Civil Procedure Act 2005 (NSW) proceedings numbered 2017/196226 pending in the District Court of New South Wales, including all cross-claims therein, be transferred to this Court.
2. Proceedings numbered 2017/00196226 be assigned to the Equity Division.
3. I stand proceedings 2017/00196226 into the Equity Registrar's List on 14 June 2019. Catchwords: CIVIL PROCEDURE - jurisdiction — transfers to and from other courts — District Court – where quantum of cross-claim in the District Court exceeded the jurisdiction of that court – where cross-claim sought account of profits and equitable compensation Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Bidfood Australia Limited t/as Classic Meats Sydney (Plaintiff) Something Nice Foods Pty Ltd (First Defendant) Paul Gerard Bresnahan (Second Defendant) Matthew William Walden (Third Defendant) Lavulavu Aberahama (Fourth Defendant) Representation: Counsel: A Flecknoe-Brown (Plaintiff) R Campbell (First and Second Defendants) No appearances (Third and Fourth Defendants)
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