Nepean Building & Infrastructure Pty Ltd v Sive [2019] NSWSC 1741

Supreme Court New South Wales

Medium Neutral Citation: Nepean Building & Infrastructure Pty Ltd v Sive [2019] NSWSC 1741 Hearing dates: 02 December 2019 Date of orders: 02 December 2019 Decision date: 02 December 2019 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Pursuant to s 5(1)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), the proceedings be transferred to the Federal Court of Australia in its Fair Work Division. (2) Costs in these proceedings abide by the costs orders made by the Federal Court. Catchwords: CIVIL PROCEDURE — cross-vesting — transfer to Federal Court — current proceeding related proceeding pending in the Federal Court — in the interests of justice that current proceeding be determined by the Federal Court Legislation Cited: Fair Work Act 2009 (Cth), s 357(1) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 5(1) Cases Cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 Fair Work Ombudsman v Ramsey Food Processing Pty Ltd (2011) 198 FCR 174; [2011] FCA 1176 Grant Tomlinson v Ramsey Food Processing Pty Ltd [2013] NSWDC 64 Ramsey Food Processing Pty Ltd v Tomlinson [2014] NSWCA 237 Re Hamilton-Irvine (1990) 101 FLR 11 Seven Network (Operations) Ltd & Anor v Amber Harrison [2017] NSWSC 405 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28 Category: Procedural and other rulings Parties: Nepean Building & Infrastructure Pty Ltd (Plaintiff) Anthony Wyndham Sive (Defendant) Representation: Counsel: Mr J Darams (Plaintiff)