ANDERTON & ANOR -v- ENTERPRISING GLOBAL GROUP PTY LTD & ORS [2003] WASC 67

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2003] WASC 67
Case No:	CIV:2152/2002	Heard:	17 MARCH 2003
Coram:	HASLUCK J	Delivered:	4/04/03
No of pages:	11	Judgment Part:	1 of 1
Result:	Defendants' application dismissed
Category:	B
PDF Version

Parties:	COLIN JAMES ANDERTON ANDERTON ENVIRONMENTAL CORPORATION PTY LTD (ACN 083 044 973) ENTERPRISING GLOBAL GROUP PTY LTD BIOCENTRAL LABORATORIES LTD (ACN 097 539 592) GEOFFREY JOHN TURLEY FRANCIS VINCENT McNAMARA GENARGI KRASNOV
Catchwords:	Cross-vesting jurisdiction Proceedings commenced in Western Australia pursuant to choice of law provision in subject contract Application by defendant to transfer proceedings to South Australia Criteria for transfer having regard to "interests of justice" precept in relevant provision Whether approach adopted in Western Australia is consistent with approach adopted in other jurisdictions Onus of proof Turns on own facts
Legislation:	Jurisdiction of Courts (Cross Vesting) Act 1987, s 5(2)
Case References:	Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485 Bankinvest AG v Seabrook (1998) 14 NSWLR 711 Douglas v Philip Parbury & Associates (a firm) [1999] WASC 15 James Hardie & Coy Pty Ltd v Barry (2000) 50 NSWLR 357 Mullins Investments Pty Ltd v Elliot Exploration Co Pty Ltd (1990) 1 WAR 531 Patrick Badges Pty Ltd v Commonwealth of Australia [2002] NSWSC 221 Rossi Gearmotors Australia Pty Ltd v Continental Conveyor and Equipment Pty Ltd [2003] WASC 42 Whyalla Refiners Pty Ltd v Grant Thornton (a firm) (2001) 182 ALR 274 Baffsky v John Fairfax & Sons Ltd (1990) 97 ACTR 1 Bailey (by his next friend the Public Trustee) v Climaze Holdings Pty Ltd, unreported; SCt of WA; Library No 980455; 12 August 1998 Bond v Larobi Pty Ltd, unreported; SCt of WA; Library No 920057; 31 December 1991 Platz v Lambert (1994) 12 WAR 319 Rogan v Rushton (Qld) Pty Ltd [2002] VSC 375

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : ANDERTON & ANOR -v- ENTERPRISING GLOBAL GROUP PTY LTD & ORS [2003] WASC 67 CORAM : HASLUCK J HEARD : 17 MARCH 2003 DELIVERED : 4 APRIL 2003 FILE NO/S : CIV 2152 of 2002 BETWEEN : COLIN JAMES ANDERTON

First Plaintiff

ANDERTON ENVIRONMENTAL CORPORATION PTY LTD (ACN 083 044 973)

Second Plaintiff

AND

ENTERPRISING GLOBAL GROUP PTY LTD

First Defendant

BIOCENTRAL LABORATORIES LTD (ACN 097 539 592)

Second Defendant

GEOFFREY JOHN TURLEY

Third Defendant

FRANCIS VINCENT McNAMARA

Fourth Defendant

GENARGI KRASNOV

Fifth Defendant

(Page 2)

Catchwords:

Cross-vesting jurisdiction - Proceedings commenced in Western Australia pursuant to choice of law provision in subject contract - Application by defendant to transfer proceedings to South Australia - Criteria for transfer having regard to "interests…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2003] WASC 67
Decision Date

CaseChat Overview and Summary

In Anderton v Enterprising Global Group Pty Ltd, the plaintiff, Colin James Anderton, and his company, Anderton Environmental Corporation, initiated legal proceedings against the defendants, Enterprising Global Group, Biocentral Laboratories, Geoffrey John Turley, Francis Vincent McNamara, and Genargi Krasnov. The dispute revolves around allegations of breach of contract, infringement of intellectual property rights, and misleading and deceptive conduct. The plaintiffs seek declarations, injunctions, and damages. The defendants applied to transfer the proceedings to South Australia, arguing that it was the more appropriate forum.

The court had to decide whether the application to transfer the proceedings to South Australia should be granted. The legal issues included the interpretation of the statutory provision for transferring proceedings, the principle of "interests of justice," and the onus of proof on the defendants to show that an injustice would result if the proceedings were not transferred.

The court examined the statutory provisions and legal principles relevant to the transfer of proceedings. It considered that while the statutory provision requires a court to transfer proceedings if it is in the interests of justice, the plaintiff's choice of venue must be given due weight. The court also noted that the interests of justice encompass factors such as the governing law, location of parties, witnesses, and documents. The court concluded that the Western Australian approach, which places significant weight on the plaintiff's choice of venue, should be followed. The court found that the plaintiffs had a valid reason to commence proceedings in Western Australia and that the defendants had not demonstrated a sufficient reason to transfer the proceedings to South Australia. Therefore, the court dismissed the defendants' application to transfer the proceedings.

Orders