Mineralogy Pty Ltd v Sino Iron Pty Ltd [2013] NSWSC 546

Mineralogy Pty Ltd v Sino Iron Pty Ltd [2013] NSWSC 546

No sufficient basis exists to set aside the order for cross-vesting; any alleged non-disclosure regarding legal representation was either not established or not material, and there was no relevant misapprehension of facts in the making of the transfer order.

Jurisdiction
Australia
Judgment Date
14 May 2013
Procedural Posture
Interlocutory Application / Notice of Motion to Set Aside or Recall Order for Cross Vesting
Outcome
Notice of Motion dismissed with costs
Legal Topics
['setting Aside Orders' 'non Disclosure' 'cross Vesting of Jurisdiction' 'misapprehension of Facts']
['practice and Procedure'] ['setting Aside Orders' 'non Disclosure' 'cross Vesting of Jurisdiction' 'misapprehension of Facts']

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Procedural Posture

Interlocutory Application / Notice of Motion to Set Aside or Recall Order for Cross Vesting

Legal Issues

  1. 1 ['Whether the order for transfer of proceedings to the Supreme Court of Western Australia should be set aside for non-disclosure or misapprehension of facts' 'Whether jurisdiction to set aside exists after transfer under the Jurisdiction of Courts (Cross-vesting) Act']

Ratio Decidendi

No sufficient basis exists to set aside the order for cross-vesting; any alleged non-disclosure regarding legal representation was either not established or not material, and there was no relevant misapprehension of facts in the making of the transfer order.

Court Disposition

Notice of Motion dismissed with costs

Orders

  • ["The plaintiff's Notice of Motion of 6 May 2013 is dismissed with costs."]