Mineralogy Pty Ltd v Sino Iron Pty Ltd [2013] NSWSC 466

Mineralogy Pty Ltd v Sino Iron Pty Ltd [2013] NSWSC 466

Every factor except possible speed of hearing supports transfer; the proceedings have no connection to NSW, all parties except one are registered in WA or Hong Kong, the project is in WA, contracts governed by WA law, relevant witnesses and documents are in WA, related proceedings are underway in WA, and the interests of justice require transfer.

Jurisdiction
Australia
Judgment Date
30 April 2013
Procedural Posture
Interlocutory Application / Transfer Application Decision
Outcome
Proceedings transferred to the Supreme Court of Western Australia
Legal Topics
['cross Vesting' 'transfer of Proceedings' 'forum']
['practice and Procedure'] ['cross Vesting' 'transfer of Proceedings' 'forum']

Case Brief

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Procedural Posture

Interlocutory Application / Transfer Application Decision

Legal Issues

  1. 1 ['Whether it is in the interests of justice that the proceedings be transferred to the Supreme Court of Western Australia']

Ratio Decidendi

Every factor except possible speed of hearing supports transfer; the proceedings have no connection to NSW, all parties except one are registered in WA or Hong Kong, the project is in WA, contracts governed by WA law, relevant witnesses and documents are in WA, related proceedings are underway in WA, and the interests of justice require transfer.

Court Disposition

Proceedings transferred to the Supreme Court of Western Australia

Orders

  • ['The proceedings be transferred to the Supreme Court of Western Australia pursuant to the Notice of Motion dated 18 April 2013']