Majak v Rose (No 2) [2021] NSWSC 610

Supreme Court New South Wales

Medium Neutral Citation: Majak v Rose (No 2) [2021] NSWSC 610 Hearing dates: 30 April 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. An order pursuant to section 140 of the Civil Procedure Act 2005 that Proceedings No. 2019/00366294 in the District Court of New South Wales, Sydney Registry (District Court Proceedings) be transferred into this Court. 2. All questions of costs with respect to the proceedings transferred into this Court be reserved. 3. That the District Court Proceedings and these proceedings be consolidated. 4. That the consolidated proceedings bear the Proceedings No. 2019/400687. 5. That in the consolidated proceeding: (a) Zofia Majak is the Plaintiff (b) Alan Wesley Rose is the First Defendant (c) Sheila Jasmin Bebeiro is the Second Defendant (d) Marc Anthony Riviere trading as Riviere Law is the Third Defendant. (e) For the purpose of the consolidated proceeding, claims are to be taken to have been first filed at the time and in the manner in which they were first filed in any of the previous proceedings. (f) Any particulars provided in any of the previous proceedings are to be particulars provided in the consolidated proceeding. 6. The Plaintiff is to serve on each party in the consolidated proceedings on or before 28 May 2021 a proposed Further Amended Statement of Claim, setting out: (a) The relief claimed against each Defendant in the consolidated proceedings; (b) Each cause of action against each Defendant in the consolidated proceedings and all material facts upon which the Plaintiff relies. 7. Listed for Directions before Davies J at 9:30am on 4 June 2021. Catchwords: CIVIL PROCEDURE – jurisdiction – transfer to and from other courts – District Court – where District Court proceedings concerned similar claims against the same defendant in proceedings in the Supreme Court Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Majak v Rose [2021] NSWSC 292 Texts Cited: Nil Category: Procedural rulings Parties: Zofia Bozena Majak (Plaintiff) Alan Wesley Rose (Defendant) Marc Anthony Riviere trading as Riviere Law (First Defendant in District Court proceedings) Representation: Counsel: Self-represented (Plaintiff) R Byrnes (Defendant) D Collins (First Defendant in District Court proceedings)