Giddy v Rocky Castle Finance Pty Ltd & Anor [2016] NSWSC 314

Giddy v Rocky Castle Finance Pty Ltd & Anor [2016] NSWSC 314

The interests of justice do not require transfer of the proceedings. Proceedings were properly commenced in New South Wales, the plaintiff is resident there, no substantial hardship is shown, and the legal or factual issues do not require transfer. The application for transfer is therefore refused.

Parties
Plaintiff: Stuart Giddy; 1st Defendant: Rocky Castle Finance Pty Ltd ATF Rocky Castle Finance Trust; 2nd Defendant: Koonara Management Pty Ltd ATF Koonara Management Trust
Jurisdiction
Australia
Judgment Date
24 March 2016
Procedural Posture
Summons/application for Transfer / Decision on Application to Transfer Proceedings
Outcome
Summons dismissed. Plaintiff to pay defendants' costs.
Legal Topics
Transfer of Proceedings, Cross Vesting, Interests of Justice
Practice and Procedure Transfer of Proceedings Cross Vesting Interests of Justice

Case Brief

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Parties

Stuart Giddy

Plaintiff

Rocky Castle Finance Pty Ltd ATF Rocky Castle Finance Trust

1st Defendant

Koonara Management Pty Ltd ATF Koonara Management Trust

2nd Defendant

Procedural Posture

Summons/application for Transfer / Decision on Application to Transfer Proceedings

Legal Issues

  1. 1 Whether proceedings should be transferred to the Supreme Court of NSW and then to the Supreme Court of South Australia under the Civil Procedure Act 2005 (NSW) and the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW)

Ratio Decidendi

The interests of justice do not require transfer of the proceedings. Proceedings were properly commenced in New South Wales, the plaintiff is resident there, no substantial hardship is shown, and the legal or factual issues do not require transfer. The application for transfer is therefore refused.

Court Disposition

Summons dismissed. Plaintiff to pay defendants' costs.

Orders

  • The summons is dismissed.
  • The plaintiff is to pay the costs of the first and second defendants.