Robert McGill Freier & Anor v Australian Postal Corporation [2012] NSWSC 46

Robert McGill Freier & Anor v Australian Postal Corporation [2012] NSWSC 46

It is not in the interests of justice to transfer the proceedings to the Supreme Court of Tasmania because the plaintiffs would incur additional costs or be deprived of their chosen solicitors, there is no relevant public interest, and it would not favor the interests of justice given the location of witnesses and lawyers.

Jurisdiction
Australia
Judgment Date
03 February 2012
Procedural Posture
Procedural Motion / Motion to Transfer Proceedings
Outcome
Motion dismissed
Legal Topics
['cross Vesting Legislation' 'transfer of Proceedings' 'interest of Justice']
['procedure'] ['cross Vesting Legislation' 'transfer of Proceedings' 'interest of Justice']

Case Brief

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Procedural Posture

Procedural Motion / Motion to Transfer Proceedings

Legal Issues

  1. 1 ['Whether the proceedings should be transferred to the Supreme Court of Tasmania under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987' 'Whether transfer is in the interests of justice']

Ratio Decidendi

It is not in the interests of justice to transfer the proceedings to the Supreme Court of Tasmania because the plaintiffs would incur additional costs or be deprived of their chosen solicitors, there is no relevant public interest, and it would not favor the interests of justice given the location of witnesses and lawyers.

Court Disposition

Motion dismissed

Orders

  • ['The motion to transfer proceedings is dismissed.' "The defendant should pay the plaintiffs' costs of the motion."]