Anberra Pty Ltd v Urban Stays Pty Ltd & Ors [2021] NSWDC 309

District Court New South Wales

Medium Neutral Citation: Anberra Pty Ltd v Urban Stays Pty Ltd & Ors [2021] NSWDC 309 Hearing dates: 08 July 2021 Date of orders: 08 July 2021 Decision date: 08 July 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 28 Catchwords: CIVIL PROCEDURE – application for stay of proceedings – commercial leases dispute – whether the ACT Magistrates' Court is "the appropriate court" to determine proceedings – application of mandatory considerations – whether prejudice would flow from stay Legislation Cited: Civil Law (Wrongs) Act 2002 (ACT) Leases (Commercial and Retail) Act 2001 (ACT) ss 144, 154 Service and Execution of Process Act 1992 (Cth) s 20 Cases Cited: Brimaud v Honeysett Instant Pty Ltd (1988) 217 ALR 44 Leda Commercial Properties Pty Ltd v Brenda Hungerford Pty Ltd (2018) 337 FLR 252 Toyota Material Handling Pty Ltd v Cardboard Collection Service Pty Ltd [2020] NSWDC 667 Tuggerangong Town Centre Pty Ltd v Brenda Hungerford Pty Ltd (No.3) [2017] ACTSC 301 Texts Cited: Nil. Category: Procedural rulings Parties: Anberra Pty Ltd (plaintiff) Urban Stays Pty Ltd (first defendant) Alan Jugovic (second defendant) Joseph Edward Griffiths (third defendant) Canberra Lawyers Pty Ltd (fourth defendant) Representation: Counsel: Mr W Soon for the plaintiff Mr C Cassimatis for the first, second, and third defendants Mr J Reid (solicitor advocate) for the fourth defendant