Yakiti Pty Ltd atf the Yakiti Family Trust v Kassem [2020] NSWSC 1873

Supreme Court New South Wales

Medium Neutral Citation: Yakiti Pty Ltd atf the Yakiti Family Trust v Kassem [2020] NSWSC 1873 Hearing dates: On the papers Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Application to transfer proceedings to Corporations List refused Catchwords: CIVIL PROCEDURE – proceedings commenced in Commercial List – whether proceedings should be transferred to the Corporations List – where issues in proceedings relate to other proceedings in the Commercial List – where Commercial List judge has ordered proceedings be managed together Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Coastline Constructions (Aust) Pty Ltd v Kakavas [2008] NSWSC 388 Giorgi v European Asian Bank Aktiengesellschaft NSWSC (Unrep) 3 March 1986 Category: Procedural and other rulings Parties: Yakiti Pty Ltd atf the Yakiti Family Trust (First Plaintiff) Manito Holdings Pty Ltd atf the Manito Family Trust (Second Plaintiff) Ozem Assam Kassem (First Defendant) Jason Bing-Fai Tang (Second Defendant) The Cosmetic Institute Pty Ltd (in liq) (Third Defendant) TCI Bondi Junction Pty Ltd (in liq) (Fourth Defendant) TCI Management Pty Ltd (in liq) (Fifth Defendant) TCI Southport Pty Ltd (in liq) (Sixth Defendant) Macquarie Cosmetic Institute Pty Ltd (Seventh Defendant) Representation: Counsel: W Muddle SC with R Francois (Plaintiffs) M Condon SC (First to Sixth Defendants) R Gorczyca, Solicitor (Seventh Defendant)