In the matter of Tasmanian Botanics Pty Limited [2019] NSWSC 885

In the matter of Tasmanian Botanics Pty Limited [2019] NSWSC 885

The proceedings should be transferred to the Supreme Court of Tasmania as this best serves the interests of justice: the principal place of business and relevant events are in Tasmania, all witnesses are Tasmanian residents, there is significant overlap of parties and issues with pending Tasmanian proceedings, and there is a risk of inconsistent findings if the cases proceed separately. Although the NSW proceedings were relatively advanced, procedural or hearing speed reasons did not outweigh the factors in favour of transfer.

Parties
Plaintiff: ACN 161 995 204 Pty Limited; First Defendant: Tasmanian Botanics Pty Limited; Second Defendant: Pijen (No 22) Pty Limited
Jurisdiction
Australia
Judgment Date
02 July 2019
Procedural Posture
Corporations – Transfer of Proceedings / Application for Transfer Order
Outcome
Order for transfer to Supreme Court of Tasmania granted
Legal Topics
Transfer of Proceedings, Oppression Proceedings, Cross Vesting, Jurisdiction, Efficiency in Use of Court Resources, Risk of Inconsistent Findings
Corporations Law Civil Procedure Transfer of Proceedings Oppression Proceedings Cross Vesting Jurisdiction Efficiency in Use of Court Resources Risk of Inconsistent Findings

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Parties

ACN 161 995 204 Pty Limited

Plaintiff

Tasmanian Botanics Pty Limited

First Defendant

Pijen (No 22) Pty Limited

Second Defendant

Procedural Posture

Corporations – Transfer of Proceedings / Application for Transfer Order

Legal Issues

  1. 1 Whether the NSW proceedings should be transferred to the Supreme Court of Tasmania under s 1337H of the Corporations Act 2001 (Cth)
  2. 2 Whether transfer is in the interests of justice given overlapping issues and parties in parallel proceedings
  3. 3 Whether there will be savings in cost, time and judicial resources if transferred

Ratio Decidendi

The proceedings should be transferred to the Supreme Court of Tasmania as this best serves the interests of justice: the principal place of business and relevant events are in Tasmania, all witnesses are Tasmanian residents, there is significant overlap of parties and issues with pending Tasmanian proceedings, and there is a risk of inconsistent findings if the cases proceed separately. Although the NSW proceedings were relatively advanced, procedural or hearing speed reasons did not outweigh the factors in favour of transfer.

Court Disposition

Order for transfer to Supreme Court of Tasmania granted

Orders

  • Pursuant to s 1337H of the Corporations Act 2001 (Cth), Supreme Court of New South Wales proceedings No 253717 of 2018 be transferred to the Supreme Court of Tasmania.
  • The costs of this application be costs in the cause.