Ant & Ballast Pty Ltd v City of Greater Geelong [2019] NSWSC 188

Ant & Ballast Pty Ltd v City of Greater Geelong [2019] NSWSC 188

The defendant failed to discharge the onus of establishing that the Supreme Court of Victoria was the more appropriate forum in the interests of justice, given the plaintiff was not a party to the agreement containing the jurisdiction clause, there was no material difference in the applicable law or procedural advantage, the evidence about relevant witnesses was insufficient, and the ill health of the plaintiff's principal weighed against transfer.

Jurisdiction
Australia
Judgment Date
06 March 2019
Procedural Posture
Civil Procedure — Cross Vesting Application / Interlocutory Application for Transfer of Proceedings
Outcome
Defendant's notice of motion dismissed with costs.
Legal Topics
['cross Vesting of Proceedings' 'forum Non Conveniens' 'jurisdiction Clause' 'transfer of Proceedings' 'interests of Justice' 'bank Guarantees' 'local Government Agreements']
['civil Procedure' 'equity'] ['cross Vesting of Proceedings' 'forum Non Conveniens' 'jurisdiction Clause' 'transfer of Proceedings' 'interests of Justice' 'bank Guarantees' 'local Government Agreements']

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Procedural Posture

Civil Procedure — Cross Vesting Application / Interlocutory Application for Transfer of Proceedings

Legal Issues

  1. 1 ['Whether the proceedings should be transferred to the Supreme Court of Victoria pursuant to s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW)' 'Whether the Supreme Court of Victoria is the more appropriate forum in the interests of justice']

Ratio Decidendi

The defendant failed to discharge the onus of establishing that the Supreme Court of Victoria was the more appropriate forum in the interests of justice, given the plaintiff was not a party to the agreement containing the jurisdiction clause, there was no material difference in the applicable law or procedural advantage, the evidence about relevant witnesses was insufficient, and the ill health of the plaintiff's principal weighed against transfer.

Court Disposition

Defendant's notice of motion dismissed with costs.

Orders

  • ["Defendant's notice of motion to transfer the proceedings to the Supreme Court of Victoria dismissed with costs." 'Matter to be listed for further directions before the Registrar.']