In the matter of Tasmanian Botanics Pty Limited [2019] NSWSC 885

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Tasmanian Botanics Pty Limited [2019] NSWSC 885 Hearing dates: 2 July 2019 Decision date: 02 July 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the NSW proceedings be transferred to the Supreme Court of Tasmania. Catchwords: CORPORATIONS – transfer of proceedings – where civil proceedings regarding corporations matters in two courts involve significant commonality of issues and parties – where majority of parties are resident in location of other court – where there may be risk of these proceedings being delayed if heard together with the proceedings in other court – where there is a risk of inconsistent findings – whether in interests of justice that proceedings be transferred to another court. Legislation Cited: - Corporations Act 2001 (Cth) ss 1337H, 1337L - Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) s 5 Cases Cited: - Hancock Prospecting Pty Ltd v 150 Investments Pty Ltd [2017] FCA 520; (2017) 120 ACSR 495 - Roff v Aqua Distributors Pty Ltd (1996) 22 ACSR 248 - Yara Pilbara Fertilisers Pty Ltd (formerly known as Burrup Fertilisers Pty Ltd) v Oswal (No 8) [2015] FCA 49 - Zhu v Tech Universal (HK-Macau) Development Pty Ltd [2005] FCA 256; (2005) 53 ACSR 704 Category: Procedural and other rulings Parties: ACN 161 995 204 Pty Limited (Plaintiff) Tasmanian Botanics Pty Limited (First Defendant) Pijen (No 22) Pty Limited (Second Defendant) Representation: Counsel: E A J Hyde (Plaintiff) C Colquhoun/M Jaireth (Defendants)