Probiotic Technologies v Wilson [2005] NSWSC 181

Probiotic Technologies v Wilson [2005] NSWSC 181

Due to the decisive inter-relationship and conflict between issues in the New South Wales and Queensland proceedings regarding ownership of the Bilambil Heights land, the interests of justice require that the proceedings be transferred to the Supreme Court of Queensland.

Parties
Plaintiff: Probiotic Technologies Pty Limited; Defendant: Patrick Shaun Wilson
Jurisdiction
Australia
Judgment Date
04 March 2005
Procedural Posture
Equity Proceedings / Application to Transfer Proceedings to the Supreme Court of Queensland
Outcome
Proceedings transferred
Legal Topics
Transfer of Proceedings, Cross Vesting Legislation
Procedure Transfer of Proceedings Cross Vesting Legislation

Case Brief

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Parties

Probiotic Technologies Pty Limited

Plaintiff

Patrick Shaun Wilson

Defendant

Procedural Posture

Equity Proceedings / Application to Transfer Proceedings to the Supreme Court of Queensland

Legal Issues

  1. 1 Whether in the interests of justice to transfer proceedings to the Supreme Court of Queensland under section 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987

Ratio Decidendi

Due to the decisive inter-relationship and conflict between issues in the New South Wales and Queensland proceedings regarding ownership of the Bilambil Heights land, the interests of justice require that the proceedings be transferred to the Supreme Court of Queensland.

Court Disposition

Proceedings transferred

Orders

  • Proceedings 6294 of 2004 in the Equity Division of the Supreme Court of New South Wales be transferred to the Supreme Court of Queensland.
  • Costs incurred to date in 6294 of 2004 be costs in the Queensland proceedings.