Qualia Wine Services Pty Ltd v Pearce [2020] NSWSC 126

Supreme Court New South Wales

Medium Neutral Citation: Qualia Wine Services Pty Ltd v Pearce [2020] NSWSC 126 Hearing dates: 21 February 2020 Decision date: 24 February 2020 Jurisdiction: Common Law Before: Adamson 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), transfer NSW District Court proceedings number 2019/00033454 and any cross-claims in that proceeding (the District Court Proceedings) to the Supreme Court of New South Wales.

(2) Pursuant to s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), transfer the District Court Proceedings to the Supreme Court of Victoria.

(3) The costs of the summons be costs in the cause.

(4) Otherwise order that the costs of the District Court Proceedings to date, to the extent that they have not been already determined, be determined by the Supreme Court of Victoria. Catchwords: CIVIL PROCEDURE — Cross-vesting — Transfer to other Supreme Court – Proceedings commenced in District Court at Albury – all parties based in Mildura – claimant's solicitors based in Albury – interests of justice favour transfer from District Court to Supreme Court and transfer to Supreme Court of Victoria Legislation Cited: Civil Procedure Act 2005 (NSW), s 140 Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), ss 5, 8 Occupational Health and Safety Act 2004 (Vic) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Wrongs Act 1958 (Vic), s 28LN Cases Cited: BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 Giddy v Rocky Castle Finance Pty Ltd [2016] NSWSC 314 Category: Principal judgment Parties: Qualia Wine Services Pty Ltd (ABN 86 139 739 370) (First Plaintiff) Qualia Wine Company Pty Ltd (ABN 70 097 834 332) (Second Plaintiff) Robert James Pearce (Defendant) Representation: Counsel: M Cameron (Plaintiff) B Dean (Defendant)