Resarta Pty Ltd v Finemore

Resarta Pty Ltd (the applicant) sought to cross-vest proceedings from the Industrial Commission of New South Wales to the Supreme Court of Victoria. The dispute concerned allegations that a contract was unfair, and the applicant contended that the Supreme Court of Victoria was the only court capable of resolving all the issues between the parties. The proceedings were heard by Spigelman CJ, Giles JA, and Foster AJA.

The central legal issues before the court were whether the Industrial Commission of New South Wales possessed the jurisdiction to cross-vest proceedings, particularly concerning "State matters" and the exercise of non-judicial power. Furthermore, the court was required to determine whether, in the exercise of its discretion, it was in the interests of justice to cross-vest the proceedings, considering factors such as the forensic advantage to the senior executive, the expense involved, and the overlap between the proceedings.

The court reasoned that the Supreme Court of Victoria was the only forum that could comprehensively address all the disputes between the parties. This conclusion was informed by considerations of forensic advantage, the potential for significant expense, and the need to avoid an overlap of proceedings. The court ultimately found that it was in the interests of justice to grant the cross-vesting orders sought.

The court made the orders as sought in the Summons and ordered that the respondent pay the costs of the proceedings in both the Supreme Court and the court below.