PRACTICE AND PROCEDURE – Cross vesting – proceeding between same parties in Commercial Division of the Supreme Court of New South Wales – Supreme Court proceeding complex, involving wide range of facts and issues, set down for hearing for at least three months commencing on 26 April 1998 – preparation of Supreme Court proceeding well advanced, voluminous discovery having taken place – present respondent’s draft defence raising matters raised by it as plaintiff in Supreme Court proceeding – applicant’s submission that overlap suggested by respondent is specious – difficulty of this Court’s determining with confidence that draft defence does not raise arguable defence – practical considerations favouring order for transfer.
Tim D. Castle acted for the respondent.