LIGHTSOUNDS P/L v JEFFERS & ANOR [2001] NSWSC 478

LIGHTSOUNDS P/L v JEFFERS & ANOR [2001] NSWSC 478

Given almost all relevant acts and events occurred in Queensland, the interests of justice require the proceedings be transferred to the Supreme Court of Queensland as the proper forum.

Parties
Plaintiff: Lightsounds Pty Ltd; First Defendant: Wayne Jeffers; Second Defendant: Ian David Medland
Jurisdiction
Australia
Judgment Date
12 June 2001
Procedural Posture
Notice of Motion and Application for Transfer / Hearing and Determination of Transfer Application
Outcome
Proceedings transferred to the Supreme Court of Queensland; costs of the Notice of Motion are defendants' costs in the proceedings.
Legal Topics
Cross Vesting, Jurisdiction, Conversion of Goods, Goodwill, Transfer of Proceedings
Equity Civil Procedure Cross Vesting Jurisdiction Conversion of Goods Goodwill Transfer of Proceedings

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Parties

Lightsounds Pty Ltd

Plaintiff

Wayne Jeffers

First Defendant

Ian David Medland

Second Defendant

Procedural Posture

Notice of Motion and Application for Transfer / Hearing and Determination of Transfer Application

Legal Issues

  1. 1 Whether proceedings should be stayed or transferred to the Supreme Court of Queensland under Cross-vesting legislation
  2. 2 Appropriateness of New South Wales as forum

Ratio Decidendi

Given almost all relevant acts and events occurred in Queensland, the interests of justice require the proceedings be transferred to the Supreme Court of Queensland as the proper forum.

Court Disposition

Proceedings transferred to the Supreme Court of Queensland; costs of the Notice of Motion are defendants' costs in the proceedings.

Orders

  • The proceedings are transferred to the Supreme Court of Queensland.
  • Costs of the Notice of Motion are defendants' costs in the proceedings.