Lynpland Pty Ltd v De Simone Nominees Pty Ltd & Ors [2009] NSWSC 545

Lynpland Pty Ltd v De Simone Nominees Pty Ltd & Ors [2009] NSWSC 545

The proceedings concern a joint venture regarding land and agreements with greater connection to Victoria; on balance, the interests of justice require transfer to the Supreme Court of Victoria. The plaintiff has sufficient cause to amend the statement of claim, so striking out or dismissal was not warranted; costs thrown away as a result of amendments should be borne by the plaintiff.

Parties
Plaintiff: Lynpland Pty Ltd; First Defendant: De Simone Nominees Pty Ltd; Second Defendant: ZMB (Australia) Pty Ltd; Third Defendant: The Computer Supply Store (Australia) Pty Ltd
Jurisdiction
Australia
Judgment Date
19 June 2009
Procedural Posture
Civil / Interlocutory Decision on Motions, Transfer of Proceedings and Costs
Outcome
Proceedings transferred to Supreme Court of Victoria; leave granted for plaintiff to further amend statement of claim; costs awarded against plaintiff for thrown away pleadings and motions; orders for filing defences.
Legal Topics
Transfer of Proceedings, Cross Vesting, Costs, Pleadings, Contracts
Procedure Corporate Law Transfer of Proceedings Cross Vesting Costs Pleadings Contracts

Case Brief

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Parties

Lynpland Pty Ltd

Plaintiff

De Simone Nominees Pty Ltd

First Defendant

ZMB (Australia) Pty Ltd

Second Defendant

The Computer Supply Store (Australia) Pty Ltd

Third Defendant

Procedural Posture

Civil / Interlocutory Decision on Motions, Transfer of Proceedings and Costs

Legal Issues

  1. 1 Whether proceedings should be transferred to Supreme Court of Victoria under cross-vesting legislation
  2. 2 Whether proceedings should be struck out or dismissed for no reasonable cause of action
  3. 3 Whether costs thrown away should be awarded for amended pleadings

Ratio Decidendi

The proceedings concern a joint venture regarding land and agreements with greater connection to Victoria; on balance, the interests of justice require transfer to the Supreme Court of Victoria. The plaintiff has sufficient cause to amend the statement of claim, so striking out or dismissal was not warranted; costs thrown away as a result of amendments should be borne by the plaintiff.

Court Disposition

Proceedings transferred to Supreme Court of Victoria; leave granted for plaintiff to further amend statement of claim; costs awarded against plaintiff for thrown away pleadings and motions; orders for filing defences.

Orders

  • The plaintiff is to file and serve its further amended statement of claim within 7 days of this judgment.
  • The plaintiff is to bear the first and third defendants' costs thrown away in meeting the amended statement of claim.