Kirali v Matthews (No.2) [2022] NSWDC 218

Kirali v Matthews (No.2) [2022] NSWDC 218

On balance of statutory and discretionary factors, Victoria is the appropriate forum for these proceedings as parties, witnesses, and subject matter are located in Victoria, and financial and personal hardship to the defendant would be incurred if proceedings remained in New South Wales. Proceedings are stayed pending further order, with Supreme Court of Victoria identified as the appropriate court.

Jurisdiction
Australia
Judgment Date
21 June 2022
Procedural Posture
Civil / Application for Stay of Proceedings
Outcome
Proceedings stayed pending further order; costs reserved with liberty to apply.
Legal Topics
['forum Non Conveniens' 'defamation' 'misleading and Deceptive Conduct' 'stay of Proceedings']
['civil Procedure'] ['forum Non Conveniens' 'defamation' 'misleading and Deceptive Conduct' 'stay of Proceedings']

Case Brief

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Procedural Posture

Civil / Application for Stay of Proceedings

Legal Issues

  1. 1 ['Whether the District Court of New South Wales is the appropriate forum for defamation and misleading/deceptive conduct proceedings where parties and subject matter are based in Victoria' 'Application of s 20 of the Service and Execution of Process Act 1992 (Cth) to stay proceedings' 'Balance of factors favouring forum']

Ratio Decidendi

On balance of statutory and discretionary factors, Victoria is the appropriate forum for these proceedings as parties, witnesses, and subject matter are located in Victoria, and financial and personal hardship to the defendant would be incurred if proceedings remained in New South Wales. Proceedings are stayed pending further order, with Supreme Court of Victoria identified as the appropriate court.

Court Disposition

Proceedings stayed pending further order; costs reserved with liberty to apply.

Orders

  • ['Pursuant to s 20(3) of the Service and Execution of Process Act 1992 (Cth) and s 67 of the Civil Procedure Act 2005 (NSW), these proceedings are stayed pending further order, on the basis that the Supreme Court of Victoria is the appropriate court.' 'The parties have liberty to bring in Short Minutes of Order...