Duxton Hill was recently successful in an application to transfer a defamation proceeding from the Supreme Court of New South Wales to the Supreme Court of Victoria because it was in the interests of justice to do so.

Our application invoked the provision of the cross-vesting legislation. On behalf of our client, Komipharm International Co Ltd (a Korean based pharmaceutical company), we applied for an order that pursuant to part 44 of the Uniform Civil Procedure Rules 2005 (NSW) and s 5(2) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) a proceeding commenced against our client in the Supreme Court of New South Wales be transferred to the Supreme Court of Victoria.

The defamation proceeding was commenced in New South Wales after our clients had already commenced proceedings in the Supreme Court of Victoria. The Victorian proceedings remain on foot. After both proceedings had commenced, criminal proceedings were commenced in Korea against the plaintiff in the defamation proceeding (who was also a defendant in the Supreme Court of Victoria proceeding).

The question was whether it was in the interests of justice and whether the Victorian court was more appropriate to hear the defamation matter then before the Supreme Court of New South Wales.

His Honour Justice Sackar held that there was a clear interrelationship between the issues, so it was important for both matters to be managed by the one court, and that court ought to be the Supreme Court of Victoria.

View the full judgment Andrew Young Han v Komipharm International Co Ltd [2020] NSWSC 1294
Judgment (Sackar J) 17.09.20