Andrew Young Han v Komipharm International Co Ltd [2020] NSWSC 1294

Andrew Young Han v Komipharm International Co Ltd [2020] NSWSC 1294

The New South Wales defamation proceedings and the Victorian commercial proceedings were clearly interrelated, involved similar if not identical parties, and raised intertwined factual questions. Given the advanced state of the Victorian proceedings and the need for coherent case management, including management of documents, subpoenaed material, discovery, interrogatories, timing of hearings, and protections connected with Mr Han's right to silence while Korean criminal proceedings were on foot, the interests of justice made the Supreme Court of Victoria the more appropriate court.

Jurisdiction
Australia
Judgment Date
17 September 2020
Procedural Posture
Application to Transfer Defamation Proceedings to the Supreme Court of Victoria Under Cross Vesting Legislation / Amended Notice of Motion Dated 16 September 2020 Heard Ex Tempore; New South Wales Proceedings Had Reached a Further Amended Statement of Claim
Outcome
Application granted; the New South Wales proceedings should be transferred to the Supreme Court of Victoria.
Legal Topics
['transfer to Another Supreme Court' 'interrelationship Between Proceedings' 'interests of Justice' 'case Management' 'right to Silence']
['civil Procedure' 'cross Vesting' 'defamation'] ['transfer to Another Supreme Court' 'interrelationship Between Proceedings' 'interests of Justice' 'case Management' 'right to Silence']

Case Brief

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Procedural Posture

Application to Transfer Defamation Proceedings to the Supreme Court of Victoria Under Cross Vesting Legislation / Amended Notice of Motion Dated 16 September 2020 Heard Ex Tempore; New South Wales Proceedings Had Reached a Further Amended Statement of Claim

Legal Issues

  1. 1 ['Whether there was an interrelationship between the New South Wales proceedings and the Victorian proceedings' 'Whether the Supreme Court of Victoria was more appropriate, having regard to the interests of justice, to determine the New South Wales proceedings' "Whether case management considerations, including the Korean criminal proceedings and Mr Han's right to silence, favoured transfer"]

Ratio Decidendi

The New South Wales defamation proceedings and the Victorian commercial proceedings were clearly interrelated, involved similar if not identical parties, and raised intertwined factual questions. Given the advanced state of the Victorian proceedings and the need for coherent case management, including management of documents, subpoenaed material, discovery, interrogatories, timing of hearings, and protections connected with Mr Han's right to silence while Korean criminal proceedings were on foot, the interests of justice made the Supreme Court of Victoria the more appropriate court.

Court Disposition

Application granted; the New South Wales proceedings should be transferred to the Supreme Court of Victoria.

Orders

  • ['Proceedings identified as 2019/00093467 be transferred to the Supreme Court of Victoria.']