Li v Wang and Anor [2022] NSWSC 653

Li v Wang and Anor [2022] NSWSC 653

As service of District Court process cannot be effected outside Australia and the First Defendant is in China and not prepared to submit to jurisdiction, transfer of the proceedings to the Supreme Court is appropriate to facilitate service.

Jurisdiction
Australia
Judgment Date
23 May 2022
Procedural Posture
Application for Transfer of Proceedings / Determination of Transfer Application
Outcome
Transfer ordered
Legal Topics
['transfer of Proceedings' 'service Outside Jurisdiction']
['civil Procedure'] ['transfer of Proceedings' 'service Outside Jurisdiction']

Case Brief

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Procedural Posture

Application for Transfer of Proceedings / Determination of Transfer Application

Legal Issues

  1. 1 ['Whether proceedings in the District Court should be transferred to the Supreme Court to facilitate service on a defendant outside Australia']

Ratio Decidendi

As service of District Court process cannot be effected outside Australia and the First Defendant is in China and not prepared to submit to jurisdiction, transfer of the proceedings to the Supreme Court is appropriate to facilitate service.

Court Disposition

Transfer ordered

Orders

  • ['District Court proceedings 2021/00330140 be transferred to the Supreme Court of New South Wales pursuant to s.140 Civil Procedure Act 2005.' 'The proceedings are to be listed for directions before the Registrar in the Common Law Division at 9.00 am on 30 May 2022.' 'Costs of the determination of the transfer...