Hub Capital Limited v Challock Pty Ltd

Hub Capital Limited, the plaintiff, sought to recover damages against Challock Pty Ltd and others for alleged breaches of contract and misleading and deceptive conduct. Challock Pty Ltd and others, the defendants, applied to transfer the action from the Supreme Court of Queensland to the Supreme Court of Victoria. The defendants argued that the proceedings in Victoria were commenced first and, therefore, should be the appropriate forum. The court considered the balance of convenience, the connection with each jurisdiction, and the risk of inconsistent findings in both jurisdictions. The court found that the action had a stronger connection with Queensland as the alleged contract was formed and performed there, and the alleged breaches and damages occurred in Queensland. The court also found that the defendants had commenced proceedings in Victoria to forestall the commencement of proceedings in Queensland. Considering all the factors, the court decided that the more appropriate forum for hearing the dispute was the Supreme Court of Queensland.

The court dismissed the summons to transfer the proceedings to Victoria and ordered Hub Capital Limited to apply to the Supreme Court in Victoria to transfer those proceedings to Queensland or alternatively to apply for a stay of those proceedings. The court also noted that submissions as to costs would be heard.