Thorne Developments v Graham David Laird as Trustee for the Laird Family Trust [2014] NSWSC 487

Thorne Developments v Graham David Laird as Trustee for the Laird Family Trust [2014] NSWSC 487

The Supreme Court of Queensland was the more appropriate forum because the majority of parties and likely contested witnesses had a closer and more real connection with Queensland, relevant businesses and lawyers were in Queensland, the agreements were governed by Queensland law, related litigation had already been commenced in the Supreme Court of Queensland, and there was no evidence that Queensland proceedings would be slower than the NSW Commercial List. It was therefore in the interests of justice to transfer the proceedings.

Jurisdiction
Australia
Judgment Date
28 March 2014
Procedural Posture
Equity Division Commercial List Proceeding; Application to Transfer Proceedings to Another State Under the Jurisdiction of Courts (cross Vesting) Act 1987 (nsw) / Defendants' Notice of Motion for Transfer; Plaintiff's Summary Judgment Notice of Motion Not Determined; Costs of Interlocutory Applications Addressed
Outcome
Proceedings transferred to the Supreme Court of Queensland; costs orders made and some costs reserved.
Legal Topics
['transfer of Proceedings to a Court in Another State' 'interests of Justice' 'more Appropriate Forum' 'connecting Factors' 'interlocutory Costs']
['civil Procedure' 'cross Vesting' 'costs'] ['transfer of Proceedings to a Court in Another State' 'interests of Justice' 'more Appropriate Forum' 'connecting Factors' 'interlocutory Costs']

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Procedural Posture

Equity Division Commercial List Proceeding; Application to Transfer Proceedings to Another State Under the Jurisdiction of Courts (cross Vesting) Act 1987 (nsw) / Defendants' Notice of Motion for Transfer; Plaintiff's Summary Judgment Notice of Motion Not Determined; Costs of Interlocutory Applications Addressed

Legal Issues

  1. 1 ['Whether it was in the interests of justice under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) to transfer the proceedings to the Supreme Court of Queensland.' 'Whether the Supreme Court of Queensland was the more appropriate forum for determination of the disputes.' 'How costs of the adjournment and notices of motion should be dealt with.']

Ratio Decidendi

The Supreme Court of Queensland was the more appropriate forum because the majority of parties and likely contested witnesses had a closer and more real connection with Queensland, relevant businesses and lawyers were in Queensland, the agreements were governed by Queensland law, related litigation had already been commenced in the Supreme Court of Queensland, and there was no evidence that Queensland proceedings would be slower than the NSW Commercial List. It was therefore in the interests of justice to transfer the proceedings.

Court Disposition

Proceedings transferred to the Supreme Court of Queensland; costs orders made and some costs reserved.

Orders

  • ["Order in terms of prayer 1 of the defendants' notice of motion filed on 20 December 2013." "Defendants to pay the plaintiff's costs of and incidental to the adjournment of the proceedings on 28 February 2014." "Subject to that, plaintiff to pay the defendants' costs of the defendants' notice of motion." "Costs of...