BioAg Pty Ltd v Garry Joseph Hickey [2007] NSWSC 296

BioAg Pty Ltd v Garry Joseph Hickey [2007] NSWSC 296

Queensland is the more appropriate forum because the alleged breaches of duty mainly occurred and may occur in Queensland, and the first defendant resides there; accordingly, the proceedings should be transferred to the Supreme Court of Queensland.

Jurisdiction
Australia
Judgment Date
21 March 2007
Procedural Posture
Civil / Application for Transfer of Proceedings Between State Supreme Courts
Outcome
Proceedings transferred to Queensland.
Legal Topics
['cross Vesting of Jurisdiction' 'breach of Confidence' "directors' Duties" 'transfer of Proceedings']
['equity' 'jurisdiction' 'intellectual Property'] ['cross Vesting of Jurisdiction' 'breach of Confidence' "directors' Duties" 'transfer of Proceedings']

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Procedural Posture

Civil / Application for Transfer of Proceedings Between State Supreme Courts

Legal Issues

  1. 1 ['Whether the proceedings should be transferred to the Supreme Court of Queensland under cross-vesting legislation' 'Which forum is more appropriate for hearing the proceedings involving alleged breaches of duty']

Ratio Decidendi

Queensland is the more appropriate forum because the alleged breaches of duty mainly occurred and may occur in Queensland, and the first defendant resides there; accordingly, the proceedings should be transferred to the Supreme Court of Queensland.

Court Disposition

Proceedings transferred to Queensland.

Orders

  • ['Proceedings transferred to the Supreme Court of Queensland pursuant to the Jurisdictions of Courts (Cross-Vesting) Act s 5(2)(b)(iii).' 'Costs of the application to be costs in the proceedings.']