Samwise Holdings Pty Limited

CITATION [2016] NSWSC 1610

Application for transfer of proceedings to the Supreme Court of South Australia. The proceedings largely concerned a priority dispute between holders of securities over two motorcycles in South Australia, with relief sought under the PPSA.

The court held that, even though notions of a ‘natural’ forum may carry less weight than otherwise in the case of federal statutes such as the PPSA, and even though ‘one can understand a party seeking to invoke the expedition and expertise that a specialist court such as [the NSW Supreme Court’s] Corporations list claims to offer’, the location of the property and the company in question in South Australia still meant that it was a more appropriate forum than NSW, and so the court ordered the transfer.

The summary of the pertinent points in this legal case update has been provided by Steve Pemberton, Lawyer and Consultant, as an extract from his digest of PPSA cases.