Wraight v Tasplan Limited & Anor [2010] NSWSC 1393

Wraight v Tasplan Limited & Anor [2010] NSWSC 1393

Tasmania was the more appropriate forum because the natural connecting factors of the parties, the events giving rise to the proceedings and the likely witnesses overwhelmingly pointed to Tasmania; the additional costs to the plaintiff from continuing to instruct Sydney lawyers were outweighed by the probable additional costs and disruption if Tasmanian witnesses had to attend proceedings in New South Wales.

Jurisdiction
Australia
Judgment Date
26 November 2010
Procedural Posture
Application Under S 5(2) of the Jurisdiction of Courts Cross Vesting Act 1987 (nsw) to Transfer Proceedings to the Supreme Court of Tasmania / Notice of Motion Filed on 27 August 2010; Ex Tempore Procedural Ruling
Outcome
Application granted; proceedings to be transferred to the Supreme Court of Tasmania.
Legal Topics
['cross Vesting Transfer' 'more Appropriate Forum' 'total and Permanent Disability Benefits' 'trustee Duties' 'costs of Notice of Motion']
['practice and Procedure' 'superannuation' 'insurance'] ['cross Vesting Transfer' 'more Appropriate Forum' 'total and Permanent Disability Benefits' 'trustee Duties' 'costs of Notice of Motion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S 5(2) of the Jurisdiction of Courts Cross Vesting Act 1987 (nsw) to Transfer Proceedings to the Supreme Court of Tasmania / Notice of Motion Filed on 27 August 2010; Ex Tempore Procedural Ruling

Legal Issues

  1. 1 ['Whether the proceedings should be transferred to the Supreme Court of Tasmania under s 5(2) of the Jurisdiction of Courts Cross-vesting Act 1987 (NSW).' 'Whether Tasmania was the natural and more appropriate forum having regard to the parties, events, witnesses and costs.' "Whether the plaintiff's choice of Sydney solicitors and additional costs of transfer outweighed the connecting factors favouring Tasmania."]

Ratio Decidendi

Tasmania was the more appropriate forum because the natural connecting factors of the parties, the events giving rise to the proceedings and the likely witnesses overwhelmingly pointed to Tasmania; the additional costs to the plaintiff from continuing to instruct Sydney lawyers were outweighed by the probable additional costs and disruption if Tasmanian witnesses had to attend proceedings in New South Wales.

Court Disposition

Application granted; proceedings to be transferred to the Supreme Court of Tasmania.

Orders

  • ['Make order 1 in the notice of motion filed on 27 August 2010.' "Order that the costs of the second defendant's notice of motion of 27 August 2010 be the second defendant's costs in the proceedings." "Order that there be no order as to the first defendant's costs."]