M&M GLOBAL FINANCIALS PTY LIMITED v FINANCIAL ELEMENTS PTY LIMITED [2022] NSWDC 355

M&M GLOBAL FINANCIALS PTY LIMITED v FINANCIAL ELEMENTS PTY LIMITED [2022] NSWDC 355

The court expresses no concluded view on jurisdiction but finds no serious doubt, at this preliminary point, that the District Court of NSW has jurisdiction to determine the claims for equitable relief as pleaded in the cross claim under s 134(1)(h) District Court Act 1973.

Parties
Plaintiff/cross Defendant: M&M GLOBAL FINANCIALS PTY LIMITED; Defendant/cross Claimant: FINANCIAL ELEMENTS PTY LIMITED
Jurisdiction
Australia
Judgment Date
22 July 2022
Procedural Posture
Civil / Preliminary Ex Tempore Ruling on Jurisdiction and Directions
Outcome
Matter stood over for directions; parties required to serve written submissions on jurisdiction.
Legal Topics
Jurisdiction, District Court Act 1973 (nsw) S 44(1)(a), S 44(1)(c), S 44(1)(d), S 134(1)(h), Equitable Relief, Breach of Confidence, Account of Profits
Practice and Procedure Jurisdiction District Court Act 1973 (nsw) S 44(1)(a), S 44(1)(c), S 44(1)(d), S 134(1)(h) Equitable Relief Breach of Confidence Account of Profits

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Parties

M&M GLOBAL FINANCIALS PTY LIMITED

Plaintiff/cross Defendant

FINANCIAL ELEMENTS PTY LIMITED

Defendant/cross Claimant

Procedural Posture

Civil / Preliminary Ex Tempore Ruling on Jurisdiction and Directions

Legal Issues

  1. 1 Whether the District Court of NSW has jurisdiction to determine claims for equitable relief as pleaded in the cross claim, specifically for breach of duty of confidence and account of profits

Ratio Decidendi

The court expresses no concluded view on jurisdiction but finds no serious doubt, at this preliminary point, that the District Court of NSW has jurisdiction to determine the claims for equitable relief as pleaded in the cross claim under s 134(1)(h) District Court Act 1973.

Court Disposition

Matter stood over for directions; parties required to serve written submissions on jurisdiction.

Orders

  • By consent, orders made in accordance with Short Minutes handed up: paragraphs 2, 3, 5, 6 and 8 only, with 'otherwise' deleted in paras 2 and 5.
  • Matter stood over for directions before Judicial Registrar on 19 August 2022.