Paynes Find Gold Limited v Ferrier [2014] NSWSC 1945

Paynes Find Gold Limited v Ferrier [2014] NSWSC 1945

Because the delay caused by the mistaken filing of the original transfer application in the District Court had changed the practical position, transfer at this stage would create potential inconvenience, unnecessary cost and delay for Mr Ferrier, while the New South Wales proceedings could be directed promptly toward hearing; the Court was therefore not persuaded that transfer was in the interests of justice.

Jurisdiction
Australia
Judgment Date
09 December 2014
Procedural Posture
Cross Vesting Application / Application to Remove District Court Proceedings to the Supreme Court of New South Wales and Then Transfer Them to the Supreme Court of Western Australia
Outcome
Application refused.
Legal Topics
['transfer of Proceedings Between States' 'interests of Justice' 'delay and Inconvenience']
['civil Procedure' 'cross Vesting'] ['transfer of Proceedings Between States' 'interests of Justice' 'delay and Inconvenience']

Case Brief

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Procedural Posture

Cross Vesting Application / Application to Remove District Court Proceedings to the Supreme Court of New South Wales and Then Transfer Them to the Supreme Court of Western Australia

Legal Issues

  1. 1 ['Whether proceedings in the District Court should be removed to the Supreme Court of New South Wales and then transferred to the Supreme Court of Western Australia.' 'Whether transfer to Western Australia was in the interests of justice in light of the connections with each jurisdiction, witness locations, delay, cost and inconvenience.']

Ratio Decidendi

Because the delay caused by the mistaken filing of the original transfer application in the District Court had changed the practical position, transfer at this stage would create potential inconvenience, unnecessary cost and delay for Mr Ferrier, while the New South Wales proceedings could be directed promptly toward hearing; the Court was therefore not persuaded that transfer was in the interests of justice.

Court Disposition

Application refused.

Orders

  • ['The application to have the proceedings in the District Court removed to the Supreme Court of New South Wales and then transferred to the Supreme Court of Western Australia is refused.']