Spence v CMPS & F Pty Limited & Ors [1999] NSWSC 1281

Spence v CMPS & F Pty Limited & Ors [1999] NSWSC 1281

The interests of justice favoured transfer because the claim had virtually no connection with New South Wales, Western Australian law governed liability, damages and limitation issues, Western Australian lawyers had already done significant relevant work, and transfer created potential to coordinate the plaintiff's liability claims and defendants' cross-claims with related Western Australian proceedings, avoiding duplication of costs and court time and the risk of differing results. The plaintiff's asserted inconvenience and the location of documents in Sydney did not outweigh those factors.

Jurisdiction
Australia
Judgment Date
20 October 1999
Procedural Posture
Application Under S 5(2)(b)(iii) of the Jurisdiction of Courts (cross Vesting) Act 1987 / Application to Transfer Pending Supreme Court of New South Wales Proceedings to the Supreme Court of Western Australia
Outcome
Proceedings transferred to the Supreme Court of Western Australia.
Legal Topics
['transfer of Proceedings' 'interests of Justice' 'appropriate Forum' 'related Proceedings and Cross Claims' 'application of Western Australian Law']
['civil Procedure' 'cross Vesting Jurisdiction' 'fatal Accidents'] ['transfer of Proceedings' 'interests of Justice' 'appropriate Forum' 'related Proceedings and Cross Claims' 'application of Western Australian Law']

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Procedural Posture

Application Under S 5(2)(b)(iii) of the Jurisdiction of Courts (cross Vesting) Act 1987 / Application to Transfer Pending Supreme Court of New South Wales Proceedings to the Supreme Court of Western Australia

Legal Issues

  1. 1 ['Whether it was in the interests of justice under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 for the proceedings to be determined by the Supreme Court of Western Australia.' "Whether the connection of the claim with Western Australia, the applicable Western Australian law, work already done by Western Australian lawyers, related proceedings by Andrew Legg, and cross-claims between defendants justified transfer despite the plaintiff's asserted inconvenience if the matter proceeded in Western Australia."]

Ratio Decidendi

The interests of justice favoured transfer because the claim had virtually no connection with New South Wales, Western Australian law governed liability, damages and limitation issues, Western Australian lawyers had already done significant relevant work, and transfer created potential to coordinate the plaintiff's liability claims and defendants' cross-claims with related Western Australian proceedings, avoiding duplication of costs and court time and the risk of differing results. The plaintiff's asserted inconvenience and the location of documents in Sydney did not outweigh those factors.

Court Disposition

Proceedings transferred to the Supreme Court of Western Australia.

Orders

  • ['Order that the proceedings be transferred to the Supreme Court of Western Australia.' 'Costs are to be costs in the cause.']