JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: UON PTY LTD -v- HOASCAR [No 3] [2021] WASC 17
CORAM: ARCHER J
HEARD: 15 JANUARY 2021
DELIVERED : 22 JANUARY 2021
FILE NO/S: CIV 3178 of 2016
BETWEEN: UON PTY LTD
First Plaintiff
LAA INDUSTRIES PTY LTD
Second Plaintiff
AND
GABRIEL HOASCAR
First Defendant
TARANIS POWER GROUP PTY LTD
Second Defendant
Catchwords:
Transfer of proceedings to Federal Court – Overlap in subject matter – Risk of inconsistent findings
Legislation:
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 5(1)
Jurisdiction of Courts (Cross-Vesting) Act 1987 (WA), s 5(1)
Result:
Proceedings to be transferred
Category: B
Representation:
Counsel:
| First Plaintiff | : | M L Bennett & T J C Elder |
| Second Plaintiff | : | M L Bennett & T J C Elder |
| First Defendant | : | P D C Robinson |
| Second Defendant | : | P D C Robinson |
Solicitors:
| First Plaintiff | : | Bennett + Co |
| Second Plaintiff | : | Bennett + Co |
| First Defendant | : | Williams & Hughes |
| Second Defendant | : | Williams & Hughes |
Cases referred to in decision:
Access Group Australia Pty Ltd v Topper Hydraulic Platforms Pty Ltd [2019] WASC 265
Avwest Aircraft Pty Ltd v Bombardier Inc [No 3] [2020] WASC 436
Bankinvest AG v Seabrook (1988) 14 NSWLR 711, 11
BHP Billiton v Schultz (2004) 221 CLR 400
Cini v Pets Paradise Franchising (SA) Pty Ltd (2008) 102 SASR 177
Commissioner of Taxation v Residence Riverside Proprietary Ltd as Trustee for the D&J Discretionary Trust and as Trustee for the D&J Investment Trust [2013] FCA 720
Interpharma Pty Ltd v Commissioner of Patents [2008] FCA 1283
Roe v Western Australia [2013] WASC 130
Singh v Friedman [2013] WASC 78
Uon Pty Ltd v Hoascar [2020] WASC 271
ARCHER J:
Introduction
In 2016, the plaintiffs issued proceedings alleging that their confidential information was misused by the defendants (Supreme Court Action).
The proceedings were admitted into my commercial and managed cases list in 2018. In 2020, I dealt with an application seeking the release of documents from a confidentiality regime.[1]
[1] Uon Pty Ltd v Hoascar [2020] WASC 271 (Uon Pty Ltd v Hoascar). See also Uon Pty Ltd v Hoascar [2020] WASC 271 (S).
The defendants now seek orders that the proceedings be transferred to the Western Australian registry of the Federal Court of Australia. They rely on s 5(1) of the Jurisdiction of Courts (Cross‑Vesting) Act 1987 (WA) (WA Act) or s 5(1) of the Jurisdiction of Courts (Cross‑Vesting) Act 1987 (Cth) (Commonwealth Act). Relevantly to the defendants' application, the two Acts provide that the Supreme Court must transfer proceedings to the Federal Court if, having regard to the interests of justice, it is more appropriate that they be determined by the Federal Court.
The defendants' submissions rely on the existence of proceedings in the Federal Court[2] (Federal Court Action) which they…
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