Bai v Canberra Future Property Pty Ltd [2024] NSWSC 1273

Bai v Canberra Future Property Pty Ltd [2024] NSWSC 1273

It is in the interests of justice, having regard to all connecting factors and the consent of the parties, that the proceedings be transferred to the Supreme Court of Victoria pursuant to s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW).

Parties
Plaintiff: Hua Bai; First Defendant: Canberra Future Property Pty Ltd; Second Defendant: Xu Li; Third Defendant: Youxin Zhao; Fourth Defendant: Lin Zhang
Jurisdiction
Australia
Judgment Date
10 October 2024
Procedural Posture
Civil / Interlocutory Application for Transfer – Orders Made
Outcome
Order for transfer of proceedings to Supreme Court of Victoria; costs in the cause; undertaking by fourth defendant noted.
Legal Topics
Cross Vesting, Transfer to Another Supreme Court, Interests of Justice, More Appropriate or Convenient Forum
Civil Procedure Cross Vesting Transfer to Another Supreme Court Interests of Justice More Appropriate or Convenient Forum

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Parties

Hua Bai

Plaintiff

Canberra Future Property Pty Ltd

First Defendant

Xu Li

Second Defendant

Youxin Zhao

Third Defendant

Lin Zhang

Fourth Defendant

Procedural Posture

Civil / Interlocutory Application for Transfer – Orders Made

Legal Issues

  1. 1 Whether proceedings should be transferred to the Supreme Court of Victoria under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW)

Ratio Decidendi

It is in the interests of justice, having regard to all connecting factors and the consent of the parties, that the proceedings be transferred to the Supreme Court of Victoria pursuant to s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW).

Court Disposition

Order for transfer of proceedings to Supreme Court of Victoria; costs in the cause; undertaking by fourth defendant noted.

Orders

  • Under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), these proceedings are transferred to the Supreme Court of Victoria.
  • The costs of each party in respect of the proceedings in this Court are to be costs in the cause.