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Nova 96.9 Pty Ltd v Natvia Pty Ltd

Nova 96.9 Pty Ltd v Natvia Pty Ltd

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Case Copied 10 August 2018 32 min read

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Supreme Court

New South Wales

Medium Neutral Citation: Nova 96.9 Pty Ltd v Natvia Pty Ltd [2018] NSWSC 1288
Hearing dates: 7 August 2018
Date of orders: 10 August 2018
Decision date: 10 August 2018
Jurisdiction: Equity - Duty List
Before: Rein J
Decision:
See [34] - [37]

Catchwords:
JURISDICTION – Jurisdiction of the District Court – District Court Proceedings commenced in respect of fees said to be due pursuant to advertising contracts entered into by the parties – Defendant claimed District Court did not have jurisdiction to hear the matter as it arose from a “commercial transaction” – Plaintiffs sought a transfer of the Proceedings to the Supreme Court, and, once transferred, that it be remitted back to the District Court – District Court Proceedings fixed for hearing in September 2018; s 44 of the District Court Act 1973 (NSW) considered – Whether or not the Proceedings would have been assigned to the Common Law Division of the Supreme Court on 2 February 1998 – Whether or not the Proceedings arose from a “commercial transaction” within the meaning of Rule 14.2(1)(a) of the Supreme Court Rules as at 2 February 1998 – The NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd [2017] NSWSC 1194, considered and followed; HELD: Proceedings arose from a “commercial transaction” and would not have been assigned to the Common Law Division of the Supreme Court on 2 February 1998 – Pursuant to s 140 of the Civil Procedure Act 2005 (NSW) (“CPA”), Proceedings transferred to the Supreme Court – Proceedings could not be transferred back to the District Court pursuant to s 146(1) of the CPA.
STATUTORY INTERPRETATION – The effect of disjunctive ‘or’ in Rule 14.2(1)(a) of the Supreme Court Rules as at 2 February 1998; HELD: “commercial transaction” not restricted or to be read down by “in trade or commerce” in Rule 14.2(1)(b) of the Supreme Court Rules as at 2 February 1998; discussion of principles of statutory interpretation.
Legislation Cited: Civil Procedure Act 2005 (NSW)
District Court Act 1973 (NSW)
Foreign States Immunities Act 1985 (Cth)
Sale of Goods Act 1923 (NSW)
Supreme Court Act 1970 (NSW)
Supreme Court Rules 1970 (NSW)
Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27
Attorney-General (NSW) v Brewery Employees Union (NSW) (1908) 6 CLR 469
Bellmere Park Pty Ltd v Benson [2007] QCA 102
Bushby v Dixon Holmes du Pont Pty Ltd [2010] NSWSC 234
Commonwealth v Huon Channel & Peninsula Steamship Co Ltd (1918) 24 CLR 385
Firebird Global Master Fund II Ltd v Republic of Nauru (2015) 258 CLR 31
Forsyth v Deputy Commissioner of Taxation (2007) 231 CLR 531
Gamer's Motor Centre (Newcastle) Pty Ltd v Natwest Wholesale Australia Pty Ltd (1985) 3 NSWLR 475
Huddart Parker Ltd v Commonwealth (1931) 44 CLR 492
Inland Revenue Commissioners v Rowntree & Co Ltd [1948] 1 All ER 482
Jago v District Court (NSW) (1989) 168 CLR 23
Keramaniakis v…

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: [2018] NSWSC 1288
Decision Date: 10 August 2018

CaseChat Overview and Summary

Nova 96.9 Pty Ltd brought proceedings against Natvia Pty Ltd in the District Court of New South Wales, seeking payment of fees owed under advertising contracts. Natvia disputed the District Court's jurisdiction, arguing that the matter arose from a "commercial transaction" and thus fell outside the court's purview. The dispute centred on whether the court had the authority to hear the case and, if not, whether the matter should be transferred to the Supreme Court.

The court was required to determine if the proceedings fell within the jurisdiction of the District Court under the District Court Act 1973 (NSW) and whether the matter arose from a "commercial transaction" as defined in Rule 14.2(1)(a) of the Supreme Court Rules as at 2 February 1998. The court examined the meaning of the term "commercial transaction" in the context of statutory interpretation and the effect of the disjunctive "or" in the relevant rule. The court followed the decision in NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd, concluding that the term "commercial transaction" was not restricted by the phrase "in trade or commerce."

The court found that the proceedings arose from a "commercial transaction" and would not have been assigned to the Common Law Division of the Supreme Court on 2 February 1998. Consequently, the court held that pursuant to section 140 of the Civil Procedure Act 2005 (NSW), the proceedings should be transferred to the Supreme Court. The court also determined that under section 146(1) of the CPA, the proceedings could not be remitted back to the District Court.

The court ordered that the proceedings be transferred to the Supreme Court of New South Wales.

Orders