Jorgensen (as trustee for Jorgensen Family Trust) v Grancroft Pty Ltd [2015] NSWSC 1723

Jorgensen (as trustee for Jorgensen Family Trust) v Grancroft Pty Ltd [2015] NSWSC 1723

The New South Wales proceeding duplicated, for all practical purposes, relief already sought in pending Queensland proceedings and had no connecting factor with New South Wales: the parties, trust assets, administration of the trust, proper law of the trust and natural forum were all Queensland. Any abuse arising from duplication would be answered by transfer, and the statutory considerations under s 5(2) overwhelmingly favoured transfer to the Supreme Court of Queensland.

Jurisdiction
Australia
Judgment Date
12 November 2015
Procedural Posture
Procedure – Dismissal or Stay of Proceedings – Abuse of Process – Transfer of Proceedings / Notice of Motion Seeking Dismissal or Stay for Abuse of Process, Alternatively Transfer Under Cross Vesting Legislation
Outcome
Plaintiff's notice of motion dismissed and proceedings transferred to the Supreme Court of Queensland.
Legal Topics
['abuse of Process' 'parallel Proceedings' 'transfer of Proceedings' 'natural Forum' 'jurisdiction of Courts (cross Vesting) Act 1987']
['civil Procedure' 'corporations' 'trusts' 'cross Vesting Jurisdiction'] ['abuse of Process' 'parallel Proceedings' 'transfer of Proceedings' 'natural Forum' 'jurisdiction of Courts (cross Vesting) Act 1987']

Case Brief

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Procedural Posture

Procedure – Dismissal or Stay of Proceedings – Abuse of Process – Transfer of Proceedings / Notice of Motion Seeking Dismissal or Stay for Abuse of Process, Alternatively Transfer Under Cross Vesting Legislation

Legal Issues

  1. 1 ['Whether the New South Wales proceedings were an abuse of process because substantially the same relief was sought in pending Supreme Court of Queensland proceedings.' 'Whether the proceedings should be transferred to the Supreme Court of Queensland under the Jurisdiction of Courts (Cross-Vesting) Act 1987, s 5(2).' "Whether weight should be given to the plaintiffs' choice of forum." 'Whether the Supreme Court of Queensland could appropriately deal with the proceedings and whether transfer would waste work already done in New South Wales.']

Ratio Decidendi

The New South Wales proceeding duplicated, for all practical purposes, relief already sought in pending Queensland proceedings and had no connecting factor with New South Wales: the parties, trust assets, administration of the trust, proper law of the trust and natural forum were all Queensland. Any abuse arising from duplication would be answered by transfer, and the statutory considerations under s 5(2) overwhelmingly favoured transfer to the Supreme Court of Queensland.

Court Disposition

Plaintiff's notice of motion dismissed and proceedings transferred to the Supreme Court of Queensland.

Orders

  • ["The plaintiff's notice of motion filed 18 September 2015 be dismissed." "The plaintiff is to pay the defendant's costs of the notice of motion filed 18 September 2015." 'Pursuant to the Jurisdiction of Courts (Cross-Vesting) Act, s 5(2), the proceedings be transferred to the Supreme Court of Queensland.' "Costs of...