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

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

It was not established that it would be in the interests of justice to transfer proceedings to the Supreme Court of Queensland, as the connecting factors did not weigh sufficiently against the plaintiff’s significant costs already incurred in New South Wales and the issues in dispute are limited (amounts owing/guarantees).

Parties
Plaintiff/respondent: Aspect One Pty Limited ACN 097 856 356 as trustee for Aspect Homes Unit Trust No 1; First Defendant: Fortunam Stafford Pty Ltd ACN 610 869 157 as trustee for Safford Unit Trust; Second Defendant: Sassari Terraces Pty Ltd ACN 606 319 377 as trustee for Sassari Unit Trust; Third Defendant: Fortunam Malvern Pty Ltd ACN 609 186 825 as trustee for Malvern Unit Trust; Fourth Defendant: Fortunam Blackburn Pty Ltd ACN 608 219 021 as trustee for Blackburn Unit Trust; Fifth Defendant/applicant: Marie-Therese Poole; Sixth Defendant: Michelle Lee-Anne Coleman
Jurisdiction
Australia
Judgment Date
03 December 2019
Procedural Posture
Procedural Motion / Interlocutory Application Transfer of Proceedings
Outcome
Application dismissed. The fifth defendant must pay the plaintiff's costs of the motion.
Legal Topics
Cross Vesting, Transfer of Proceedings, Interests of Justice, Debt Recovery, Enforcement of Guarantee, Costs
Civil Procedure Cross Vesting Transfer of Proceedings Interests of Justice Debt Recovery Enforcement of Guarantee Costs

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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

Procedural Posture

Procedural Motion / Interlocutory Application Transfer of Proceedings

Legal Issues

  1. 1 Whether proceedings should be transferred to the Supreme Court of Queensland under s 5 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) in the interests of justice
  2. 2 Whether it is appropriate to order costs against the applicant

Ratio Decidendi

It was not established that it would be in the interests of justice to transfer proceedings to the Supreme Court of Queensland, as the connecting factors did not weigh sufficiently against the plaintiff’s significant costs already incurred in New South Wales and the issues in dispute are limited (amounts owing/guarantees).

Court Disposition

Application dismissed. The fifth defendant must pay the plaintiff's costs of the motion.

Orders

  • The application is dismissed.
  • The fifth defendant pay the plaintiff's costs of the motion.