Michael Anthony Luxury Cars Pty Ltd v Connexwire Ltd [2019] NSWSC 1084

Supreme Court New South Wales

Medium Neutral Citation: Michael Anthony Luxury Cars Pty Ltd v Connexwire Ltd [2019] NSWSC 1084 Hearing dates: 26 June 2019 Decision date: 22 August 2019 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to s 140(1) of the Civil Procedure Act 2005 (NSW) and s 8(1)(b)(ii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), proceedings 335411 of 2018 in the District Court of New South Wales are removed to the Supreme Court of New South Wales for a determination of appropriate jurisdiction.

(2) Pursuant to s 5(2) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), these proceedings are transferred to the Supreme Court of Queensland.

(3) Costs reserved. Catchwords: CIVIL – PROCEDURE – transfer of proceedings – application for transfer of proceedings from District Court of NSW to Supreme Court of New South Wales and thence the Supreme Court of Queensland – where substantive claim concerns damages pursuant to Sales of Goods Act 1896 (QLD) and the Australian Consumer Law – whether application in the interests of justice – discussion of operative test in s 5(2)(b)(ii)(A) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) – no connection to NSW except qualification of expert in NSW after filing of summons seeking transfer – application granted Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Sales of Goods Act 1896 (QLD) Service and Execution of Process Act 1992 (Cth) Cases Cited: Australian Securities Commission v Marlborough Gold Mines Ltd 177 CLR 485; [1993] HCA 15 Project Blue Sky v Australian Broadcasting Authority 194 CLR 355; [1998] HCA 28 Category: Procedural and other rulings Parties: Michael Anthony Luxury Cars Pty Ltd (First Applicant) Michael John Anthony (Second Applicant) Connexwire Ltd (Respondent) Representation: Counsel: John Lo Schiavo (First and Second Applicants) Scott Robertson and Michael Keene (Respondent)