H v Longas Solomon & Ors [2000] NSWSC 531

H v Longas Solomon & Ors [2000] NSWSC 531

The motion for transfer was dismissed as the balance of convenience and interests of justice were tipped in favour of the proceedings remaining in New South Wales; concerns about witnesses and the defendant's case preparation were not substantiated.

Jurisdiction
Australia
Judgment Date
15 June 2000
Procedural Posture
Motion / Interlocutory
Outcome
Motion dismissed
Legal Topics
['cross Vesting' 'breach of Fiduciary Duty' 'extension of Limitation Period']
['tort' 'civil Procedure'] ['cross Vesting' 'breach of Fiduciary Duty' 'extension of Limitation Period']

Case Brief

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Procedural Posture

Motion / Interlocutory

Legal Issues

  1. 1 ['Whether proceedings should be transferred to the Supreme Court of Queensland under the Jurisdiction of Courts (Cross Vesting) Act 1987' 'The applicable law relating to extension of time for commencing action' 'Balance of convenience and interests of justice']

Ratio Decidendi

The motion for transfer was dismissed as the balance of convenience and interests of justice were tipped in favour of the proceedings remaining in New South Wales; concerns about witnesses and the defendant's case preparation were not substantiated.

Court Disposition

Motion dismissed

Orders

  • ['The motion is dismissed with costs.']