Findex Group Ltd v iiNet Ltd [2020] NSWSC 347

Supreme Court New South Wales

Medium Neutral Citation: Findex Group Ltd v iiNet Ltd [2020] NSWSC 347 Hearing dates: 1 April 2020 Date of orders: 01 April 2020 Decision date: 01 April 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order that proceeding 2016/271090 in this court be transferred to the Supreme Court of the Australian Capital Territory pursuant to section 5(2) and section 5(6) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW). 2. Order that the costs that were reserved by order 5 of the orders made on 19 October 2018 (see Findex Group Ltd v iiNet Ltd [2018] NSWSC 1567) be borne as follows: that the plaintiffs pay the costs of that part of the amended notice of motion (filed 4 July 2018) which was heard in September 2018 and determined in October 2018. 3. Note, for the avoidance of doubt, that order 6 made on 11 September 2019 (see Findex Group Ltd v iiNet Ltd [2019] NSWSC 1198) did not (and was not intended to) incorporate costs in respect of that portion of the amended notice of motion, filed 4 July 2018, that was dealt with in Findex Group Ltd v iiNet Ltd [2018] NSWSC 1567. 4. Otherwise make no further orders in relation to the costs of the proceeding as a whole, on the basis that those costs are to be dealt with by the Supreme Court of the ACT when the matter is transferred to that Court. Catchwords: CIVIL PROCEDURE — Cross-vesting — Transfer to other Supreme Court

JUDGMENTS AND ORDERS — Amending, varying and setting aside — Correction under slip rule Legislation Cited: Australian Consumer Law s 18 Civil Procedure Act 2005 (NSW) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), s 5(2) Uniform Civil Procedure Rules 2005 (NSW), r 36.17 Cases Cited: Bankinvest AG V Seabrook (1988) 14 NSWLR 711 Findex Group Ltd v iiNet Ltd [2018] NSWSC 1567 Findex Group Ltd v iiNet Ltd [2019] NSWSC 1198 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Newmont Yandal Operations Pty Limited v The J Aron Corporation & The Goldman Sachs Group Inc [2007] NSWCA 195 Texts Cited: Conflicts of Laws in Australia (10th edn), Davies and Nygh Category: Costs Parties: Findex Group Ltd (First Plaintiff) Spiro Paule (Second Plaintiff) Danielle Ludbey (Third Plaintiff) Phillip Hart (Fourth Plaintiff) iiNet Ltd (First Defendant) iiNet (Ozemail) Pty Ltd (Second Defendant) LinkedIn Australia Pty Ltd (Third Defendant) David Keith McKay (Fourth Defendant) Representation: Counsel: M A Friedgut (Plaintiffs) P Dunning SC with M Karam (Fourth Defendant)