In the Matter of Re Moranowa Pty Ltd (in Liq): John Sheahan, Moranowa Pty Ltd (in Liquidation) Formerly Trading as Scott Russell Distribution Services v Circuit Finance Pty Ltd No. SCGRG 93/198 Judgment No. 3966

The case involves an application to transfer proceedings from the Supreme Court of South Australia to the Supreme Court of Victoria. The applicant, Circuit Finance Pty Ltd, seeks to transfer an action brought by the liquidator of Moranowa Pty Ltd, a company registered and carrying on business in Victoria. The liquidator claims that a payment made by Moranowa to Circuit Finance is a voidable preference. Circuit Finance argues that the action should be heard in Victoria due to the location of the relevant transactions and witnesses. The court was required to determine whether the action should be transferred to the Supreme Court of Victoria under ss.44 and 44(b) of the Corporations (South Australia) Act 1990.

The court considered the factors relevant to deciding whether to transfer the action, including the place where the parties reside or carry on business, the place where witnesses reside or carry on business, the place where other evidence is located, the desirability of avoiding unnecessary costs, and the law governing the questions which fall for determination in the action. The court also considered the interests of justice. The court found that the interests of justice required the action to be heard in the Supreme Court of Victoria due to the small amount at stake, the convenience of the parties and witnesses, and the fact that the only connection with South Australia was the winding up order and the transfer of documents. The court allowed the application and ordered the proceedings to be transferred to the Geelong Registry of the Supreme Court of Victoria. The liquidator was ordered to pay the defendant's costs of and incidental to the application. The order was stayed for a period of 21 days.

The final order was that the proceedings be transferred to the Geelong Registry of the Supreme Court of Victoria. The liquidator was to pay the defendant's costs of and incidental to the application. The order was stayed for a period of 21 days.