Poole v Aspect One Pty Limited atf Aspect Homes Unit Trust No 1 [2019] NSWSC 1790

Supreme Court New South Wales

Medium Neutral Citation: Poole v Aspect One Pty Limited atf Aspect Homes Unit Trust No 1 [2019] NSWSC 1790 Hearing dates: 03 December 2019 Date of orders: 03 December 2019 Decision date: 03 December 2019 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The application is dismissed. (2) The fifth defendant pay the plaintiff's costs of the motion. Catchwords: CIVIL PROCEDURE — cross-vesting — transfer to other Supreme Court — whether transfer to the Supreme Court of Queensland in the interests of justice — where respondent has already incurred significant costs pursuing proceedings in New South Wales — application dismissed Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), s 5 Cases Cited: BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 Category: Procedural and other rulings Parties: Aspect One Pty Limited ACN 097 856 356 as trustee for Aspect Homes Unit Trust No 1 (Plaintiff/Respondent) Fortunam Stafford Pty Ltd ACN 610 869 157 as trustee for Safford Unit Trust (First Defendant) Sassari Terraces Pty Ltd ACN 606 319 377 as trustee for Sassari Unit Trust (Second Defendant) Fortunam Malvern Pty Ltd ACN 609 186 825 as trustee for Malvern Unit Trust (Third Defendant) Fortunam Blackburn Pty Ltd ACN 608 219 021 as trustee for Blackburn Unit Trust (Fourth Defendant) Marie-Therese Poole (Fifth Defendant/Applicant) Michelle Lee-Anne Coleman (Sixth Defendant) Representation: Counsel: Mr N Li (Plaintiff)