Kyriacou v Raphis Securities Pty Ltd [2022] NSWSC 196

Supreme Court New South Wales

Medium Neutral Citation: Kyriacou v Raphis Securities Pty Ltd [2022] NSWSC 196 Hearing dates: 2 February 2022 Date of orders: 3 March 2022 Decision date: 03 March 2022 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Dismiss the application by the plaintiffs, pursuant to the amended notice of motion dated 25 January 2022 and filed in Court on 2 February 2022, for an order pursuant to r 28.5 of the UCPR that this proceeding and three other sets of proceedings (namely, 2021/00168744 on the one hand and 2021/00169193/2021/00228163 on the other hand, those last two proceedings now already having been consolidated) be heard together, with evidence in each proceeding to be evidence in each of the other proceedings. 2. Direct the parties to file any brief submissions on costs within 14 days, with a view if possible to determining the issue of costs on the papers. 3. Note that, other than costs, this disposes of the amended notice of motion dated 25 January 2022. Catchwords: PROCEDURE – Applicants seeking leave to consolidate proceedings – Whether proceedings of a similar nature – Whether issues of fact common to proceedings – Commonality of witnesses – Alternatives to consolidation of proceedings – Prospect of substantial delays – Trial management – Inconvenience – Saving of time – Whether one proceeding is further advanced than another Legislation Cited: Australian Consumer Law s 20 Civil Procedure Act 2005 (NSW) s 56 - 60 Contracts Review Act 1980 (NSW) Probate and Administration Act 1898 (NSW), s 61 Uniform Civil Procedure Rules 2005 (NSW), r 28 Cases Cited: CB Cuckoo Pty Ltd v Kyriacou [2021] NSWSC 991 Cousins v Cousins (1948) 51 WALR 57 Fitzgerald (as Admin of Estate of Late Lesley Provan) v Cooper [2020] NSWSC 451 Ghose v CX Reinsurance Company Ltd [2010] NSWSC 110 Green Camel Pty Ltd v Urban Ecological Systems Ltd [2017] NSWSC 362 Humphries v Newport Quays Stage 2A Pty Ltd [2009] FCA 699 Marzol v Joubert; Marzol v Killen [2018] NSWSC 586 Sydmar Pty Ltd v Statewise Developments Pty Ltd [1987] 11 ACLR 616 Category: Procedural rulings Parties: George Kyriacou (First Plaintiff on the Notice of Motion) Philomina Kyriacou (Second Plaintiff on the Notice of Motion) Angelo Phillip Russo (First Respondent to the Notice of Motion) Phillip Angelo Russo (Second Respondent to the Notice of Motion) Wentworth Williams Auditors Pty Ltd (Third Respondent to the Notice of Motion) Mahesh Mora (Fourth Respondent to the Notice of Motion) Lux Advisory Pty Ltd (Fifth Respondent to the Notice of Motion) Viribus Partners Pty Ltd (Sixth Respondent to the Notice of Motion) Wentworth Williams Advisory Services Pty Ltd (Seventh Respondent to the Notice of Motion) Linda Westacott (Eighth Respondent to the Notice of Motion) Reliance Financial Services Pty Ltd (Ninth Respondent to the Notice of Motion) Accolade Advisory Pty Ltd (Tenth Respondent to the Notice of Motion) John Kyriacou (Eleventh Respondent to the Notice of Motion) NSW Trustee and Guardian (Twelfth Respondent to the Notice of Motion) Perpetual Trustee Company Limited (Thirteenth Respondent to the Notice of Motion) Raphis Securities Pty Ltd (Fourteenth Respondent to the Notice of Motion) Somersby Aust Pty Ltd (Fifteenth Respondent to the Notice of Motion) Shoebill Pty Ltd (Sixteenth Respondent to the Notice of Motion) Sam Cassaniti (Seventeenth Respondent to the Notice of Motion) CB Cuckoo Pty Ltd (Eighteenth Respondent to the Notice of Motion) VHM Asset Holdings Pty Ltd (Nineteenth Respondent to the Notice of Motion) Representation: Counsel: A McInerney SC and J Simpkins (Plaintiffs/Applicants on notice of motion) A Bailey (1st and 16th Respondents to notice of motion) A Duc (3rd Respondent to notice of motion) M Castle (9th and 10th Respondents to notice of motion) U Zafiris (11th Respondent to notice of motion) DL Cook SC with Ms M Dolenec (14th, 15th, 17th and 18th Respondents to notice of motion)