Freeman and Anor v Kellerberrin Farmers Co-Operative Company Limited and Ors [2003] NSWSC 1105

Freeman and Anor v Kellerberrin Farmers Co-Operative Company Limited and Ors [2003] NSWSC 1105

The balance of convenience, including the location of most witnesses and the contractual jurisdiction clause favoring Western Australia, justified exercising discretion to transfer the proceedings to the Supreme Court of Western Australia.

Jurisdiction
Australia
Judgment Date
04 December 2003
Procedural Posture
Civil / Application for Transfer of Proceedings (cross Vesting)
Outcome
Proceedings transferred to the Supreme Court of Western Australia; costs of proceedings to date to be costs in the transferred proceedings.
Legal Topics
['cross Vesting' 'jurisdiction Clause' 'transfer of Proceedings']
['practice and Procedure'] ['cross Vesting' 'jurisdiction Clause' 'transfer of Proceedings']

Case Brief

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Procedural Posture

Civil / Application for Transfer of Proceedings (cross Vesting)

Legal Issues

  1. 1 ['Whether proceedings should be transferred to the Supreme Court of Western Australia under the Jurisdiction of Courts (Cross Vesting) Act 1987' 'Applicable principles for exercising discretion to transfer proceedings' 'Impact of a jurisdiction clause in contract on the transfer application']

Ratio Decidendi

The balance of convenience, including the location of most witnesses and the contractual jurisdiction clause favoring Western Australia, justified exercising discretion to transfer the proceedings to the Supreme Court of Western Australia.

Court Disposition

Proceedings transferred to the Supreme Court of Western Australia; costs of proceedings to date to be costs in the transferred proceedings.

Orders

  • ['Transfer the proceedings to the Supreme Court of Western Australia' 'Costs of the proceedings to date be costs in the transferred proceedings']