Leal Boss Computer and Office Supplies Pty Ltd v Boss Computer and Office Supplies Pty Ltd and Skyjack Computer and Office Supplies Pty Ltd Nos. SCGRG 92/1486 and 92/1987 Judgment No. 3824 Number of Pages 9

The case involved two companies, Leal Boss Computer and Office Supplies Pty Ltd and Boss Computer and Office Supplies Pty Ltd, which had entered into a merger agreement that later dissolved. After the dissolution of the merger, Leal Boss and Boss Computer attempted to reconcile their financial dealings but were unable to resolve their differences. Leal Boss and Skyjack, a company related to Boss Computer, also entered into financial transactions and were unable to agree on the amount due to each. Leal Boss and Skyjack resorted to litigation. Skyjack filed a claim in the Supreme Court of Western Australia against Leal Boss, while Leal Boss filed two claims in the Supreme Court of South Australia against Boss Computer and Skyjack. Boss Computer and Skyjack then filed applications to transfer the actions to the Supreme Court of Western Australia. The court had to decide whether the applications to transfer the actions should be granted. The court found that the actions were not related and that it was not in the interests of justice to transfer the actions to the Supreme Court of Western Australia. The applications were refused. The court held that the primary objective of the cross-vesting scheme was to overcome jurisdictional uncertainties and ensure that proceedings were tried in the appropriate court. However, the scheme was not intended to restrict the right of a plaintiff to bring an action in a court of their choice, except in cases where the proceedings were related. In this case, the subject matter of the actions was different, and therefore, it was not in the interests of justice to require Leal Boss to transfer the actions to the Supreme Court of Western Australia.