Australian Wholesale Meats (Sydney) v S&R Cool Logistics Pty Ltd [2018] NSWSC 1541

Australian Wholesale Meats (Sydney) v S&R Cool Logistics Pty Ltd [2018] NSWSC 1541

Due to significant judicial doubt over whether the District Court has jurisdiction to hear this commercial claim, there is sufficient reason under s 140(1) of the Civil Procedure Act 2005 (NSW) to transfer the proceedings to the Supreme Court.

Parties
Plaintiff: Australian Wholesale Meats (Sydney) Pty Ltd; First Defendant: S&R Cool Logistics Pty Ltd; Second Defendant: Ultra Refrigeration Pty Ltd
Jurisdiction
Australia
Judgment Date
04 October 2018
Procedural Posture
Civil / Application for Transfer of Proceedings
Outcome
Application to transfer proceedings granted.
Legal Topics
Transfer of Proceedings, Jurisdiction, Commercial Transactions
Civil Procedure Transfer of Proceedings Jurisdiction Commercial Transactions

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Parties

Australian Wholesale Meats (Sydney) Pty Ltd

Plaintiff

S&R Cool Logistics Pty Ltd

First Defendant

Ultra Refrigeration Pty Ltd

Second Defendant

Procedural Posture

Civil / Application for Transfer of Proceedings

Legal Issues

  1. 1 Whether proceedings should be transferred from the District Court to the Supreme Court due to doubt about District Court jurisdiction

Ratio Decidendi

Due to significant judicial doubt over whether the District Court has jurisdiction to hear this commercial claim, there is sufficient reason under s 140(1) of the Civil Procedure Act 2005 (NSW) to transfer the proceedings to the Supreme Court.

Court Disposition

Application to transfer proceedings granted.

Orders

  • Pursuant to s 140(1) of the Civil Procedure Act 2005 the proceedings before the District Court of New South Wales, 2015/349540, are transferred to the Supreme Court of New South Wales.
  • The costs of this summons be reserved.