Kirali v Matthews [2023] NSWSC 656

Kirali v Matthews [2023] NSWSC 656

It was appropriate and in the interests of justice to discharge the stay, transfer the proceedings from the District Court to the Supreme Court of New South Wales, and onward to the Supreme Court of Victoria, given the connection of the substantive matters to Victoria, prior court proceedings, the lack of defence in the present forum, and the asserted hardship. Costs follow the event but with an adjustment for the necessity of the summons having arisen from earlier decisions.

Jurisdiction
Australia
Judgment Date
14 June 2023
Procedural Posture
Civil / Procedural Ruling on Application to Discharge Stay and Transfer Proceedings
Outcome
Orders granted discharging stay, transferring proceedings to Supreme Court of New South Wales and then to Supreme Court of Victoria. Costs orders made as specified.
Legal Topics
['cross Vesting' 'costs' 'jurisdiction' 'transfer of Proceedings']
['civil Procedure'] ['cross Vesting' 'costs' 'jurisdiction' 'transfer of Proceedings']

Case Brief

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Procedural Posture

Civil / Procedural Ruling on Application to Discharge Stay and Transfer Proceedings

Legal Issues

  1. 1 ['Whether stay granted in District Court should be discharged' 'Whether proceedings should be transferred to the Supreme Court of New South Wales and then to Victoria' 'Which party should bear the costs of the application']

Ratio Decidendi

It was appropriate and in the interests of justice to discharge the stay, transfer the proceedings from the District Court to the Supreme Court of New South Wales, and onward to the Supreme Court of Victoria, given the connection of the substantive matters to Victoria, prior court proceedings, the lack of defence in the present forum, and the asserted hardship. Costs follow the event but with an adjustment for the necessity of the summons having arisen from earlier decisions.

Court Disposition

Orders granted discharging stay, transferring proceedings to Supreme Court of New South Wales and then to Supreme Court of Victoria. Costs orders made as specified.

Orders

  • ['The stay of proceedings granted in the District Court on 21 June 2022 is discharged.' 'District Court proceedings are transferred to the Supreme Court of New South Wales pursuant to s 140 of the Civil Procedure Act 2005 (NSW).' 'Proceedings are further transferred to the Supreme Court of Victoria pursuant to s...