ANZ Properties Pty Ltd v Sayde Developments Pty Ltd [2020] NSWSC 801

Supreme Court New South Wales

Medium Neutral Citation: ANZ Properties Pty Ltd v Sayde Developments Pty Ltd [2020] NSWSC 801 Hearing dates: 10 June 2020 Date of orders: 25 June 2020 Decision date: 25 June 2020 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) Pursuant to s 144 of the Civil Procedure Act 2005 (NSW) proceedings number 2019/326391 in the District Court of New South Wales, Sydney are transferred to this Court. (2) ANZ Properties Pty Ltd are to file and serve a cross claim in this Court within 14 days. (3) Costs are reserved. (4) The matter is listed for a directions hearing before the registrar at 9.30 and on 16 July 2020. Catchwords: PROCEDURE – Whether proceedings in the District Court should be transferred to this Court – Whether leave should be granted to file cross claim Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: BOC v MDL [2019] NSWSC 278 Hau Shan v Fairfield City Council [2020] NSWSC 681 Hewins v Formica Plastics Pty Ltd [1968] 3 NSWR 793 Category: Procedural and other rulings Parties: ANZ Properties Pty Ltd (Plaintiff) Sayde Developments Pty Ltd (First Defendant) EQ Products Pty Ltd (Second Defendant) Sydney WSPG Realty Pty Ltd (Third Defendant) Representation: Counsel: M Southwick (Plaintiff) G Campbell (Third Defendant)