Application to transfer proceedings — location of court — declaration — commercial dispute — District Court Rules 2014, rr 5.1 & 10.9 — A G & L A Thomson Ltd v Victor Industries Ltd [1989] 3 PRNZ 581. This was an application to transfer the proceedings between the parties from the Whangarei District Court to the Auckland District Court. The parties were in a dispute about an amount of monies paid by the applicant to the defendant in relation to a lease agreement. The applicant sought a declaration that the $52,000.00 she had paid to the defendant was advance rent. Rule 5.1 of the District Court Rules outlines how the proper registry for commencement of proceedings is determined: either, (a) nearest to the residence or principal place of business of the defendant; or (b) nearest to the place where the actions or omissions that led to the claim happened; or (c) nearest to the place where the property that is the subject of the claim is located. The defendant, which was not legally represented, claimed the proceedings ought to have been filed in Auckland as this was where its business was and where its directors lived. The plaintiff submitted that the defendant had waived its right to complain about this as its director had emailed the plaintiff's lawyers saying he did not mind where the proceedings were commenced, and in any case the filing complied with either or both r 5.1(b)&(c) as the property in question was located closest to Whangarei. The Judge noted that there was insufficient information to determine (c) and that the claim wasn't really about the property, rather the dispute was about payment. The Judge determined that the defendant's director filing his defence in the Whangarei District Court amounted to a waiver of his right to challenge the location of the registry. Accordingly the application to transfer the proceedings was declined. Judgment Date: 19 November 2019.