Freshii Development LLC v Damjanovic [2021] NSWSC 1530

Freshii Development LLC v Damjanovic [2021] NSWSC 1530

Based on the available evidence and legal principles, inconveniences cited by the defendant do not establish that the Supreme Court of Western Australia is the more appropriate forum. Audio-visual link arrangements can mitigate logistical and financial burdens of travel and participation for parties and witnesses. The application for transfer must be determined on evidence and not speculation about potential defence or witness issues.

Jurisdiction
Australia
Judgment Date
26 November 2021
Procedural Posture
Commercial List, Equity / Interlocutory Application for Transfer of Proceedings
Outcome
Application for transfer of proceedings to Supreme Court of Western Australia dismissed
Legal Topics
['transfer of Proceedings' 'interests of Justice' 'convenience of Parties' 'jurisdiction']
['practice and Procedure' 'cross Vesting'] ['transfer of Proceedings' 'interests of Justice' 'convenience of Parties' 'jurisdiction']

Case Brief

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Procedural Posture

Commercial List, Equity / Interlocutory Application for Transfer of Proceedings

Legal Issues

  1. 1 ['Whether proceedings should be transferred from NSW Supreme Court to Supreme Court of Western Australia under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW)' 'Whether it is in the interests of justice to transfer the proceedings']

Ratio Decidendi

Based on the available evidence and legal principles, inconveniences cited by the defendant do not establish that the Supreme Court of Western Australia is the more appropriate forum. Audio-visual link arrangements can mitigate logistical and financial burdens of travel and participation for parties and witnesses. The application for transfer must be determined on evidence and not speculation about potential defence or witness issues.

Court Disposition

Application for transfer of proceedings to Supreme Court of Western Australia dismissed

Orders

  • ['Application for transfer dismissed' 'Defendant ordered to pay costs' 'Defendant entitled to re-apply after filing Commercial List Response']