Capilano Honey Ltd v Dowling (No 2) [2020] NSWSC 661

Capilano Honey Ltd v Dowling (No 2) [2020] NSWSC 661

It is not in the interests of justice to transfer the proceedings to Queensland due to risk of significant delay, late timing of the application, advanced progression of the matter in New South Wales, and adequacy of remote participation.

Parties
First Plaintiff: Capilano Honey Ltd; Second Plaintiff: Ben McKee; Defendant: Shane Dowling
Jurisdiction
Australia
Judgment Date
25 May 2020
Procedural Posture
Defamation and Injurious Falsehood / Application to Transfer Proceedings
Outcome
Defendant's application to transfer proceedings to Queensland refused.
Legal Topics
Transfer of Proceedings, Interests of Justice
Procedure Transfer of Proceedings Interests of Justice

Case Brief

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Parties

Capilano Honey Ltd

First Plaintiff

Ben McKee

Second Plaintiff

Shane Dowling

Defendant

Procedural Posture

Defamation and Injurious Falsehood / Application to Transfer Proceedings

Legal Issues

  1. 1 Whether to transfer proceedings to Queensland in the interests of justice

Ratio Decidendi

It is not in the interests of justice to transfer the proceedings to Queensland due to risk of significant delay, late timing of the application, advanced progression of the matter in New South Wales, and adequacy of remote participation.

Court Disposition

Defendant's application to transfer proceedings to Queensland refused.

Orders

  • The matter will proceed in New South Wales.
  • Application to transfer refused.