Simmon v Globe-Tech International Pty Ltd [2013] NSWSC 658

Simmon v Globe-Tech International Pty Ltd [2013] NSWSC 658

There exists a sufficient reason to transfer proceedings under s 140(3)(b)(ii) of the Civil Procedure Act 2005 where transfer is necessary to enable the service of a cross-claim on a foreign party and to ensure the enforceability of any judgment.

Jurisdiction
Australia
Judgment Date
29 May 2013
Procedural Posture
Application for Transfer of Proceedings / Interlocutory Decision
Outcome
Application granted
Legal Topics
['transfer of Proceedings' 'service Outside Jurisdiction' 'jurisdiction']
['civil Procedure'] ['transfer of Proceedings' 'service Outside Jurisdiction' 'jurisdiction']

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Procedural Posture

Application for Transfer of Proceedings / Interlocutory Decision

Legal Issues

  1. 1 ["Whether there is 'some other sufficient reason' to transfer proceedings from the District Court to the Supreme Court under s 140(3)(b)(ii) of the Civil Procedure Act 2005" "Whether the Supreme Court's jurisdiction is required for service of cross-claim outside Australia"]

Ratio Decidendi

There exists a sufficient reason to transfer proceedings under s 140(3)(b)(ii) of the Civil Procedure Act 2005 where transfer is necessary to enable the service of a cross-claim on a foreign party and to ensure the enforceability of any judgment.

Court Disposition

Application granted

Orders

  • ['Order that District Court of New South Wales proceedings 2012/279729 be transferred to the Supreme Court of New South Wales pursuant to s 140(1) of the Civil Procedure Act 2005.' "Order that the costs of the motion be Globe-Tech International Pty Ltd's costs in the proceedings."]