Shakya v Lobana Trading Co Pty Ltd & Ors [2022] NSWSC 1111

Supreme Court New South Wales

Medium Neutral Citation: Shakya v Lobana Trading Co Pty Ltd & Ors [2022] NSWSC 1111 Hearing dates: 18 August 2022 Date of orders: 19 August 2022 Decision date: 19 August 2022 Jurisdiction: Common Law Before: Bellew J Decision: (1) The summons filed by the plaintiff on 4 July 2022 is dismissed. (2) The plaintiff is to pay the first defendant's costs of that summons, as agreed or as assessed. (3) The listing of the matter before the Registrar on 24 August 2022 is vacated. (4) The defendants are to serve all evidentiary material on the plaintiff by 23 September 2022. (5) The matter is listed before me for further directions at 9.15am on 30 September 2022. Catchwords: PRACTICE AND PROCEDURE – Application to transfer proceedings from the District Court to the Supreme Court – Where separate proceedings had been brought in the Supreme Court – Assertion that there were common parties and common issues across the two sets of proceedings – Assertion not made out having regard to the causes of action pleaded in each case – Where District Court proceedings had been listed for hearing – Significant delay in bringing the application for transfer – Granting the application at odds with dictates of justice and the overriding purpose of the Civil Procedure Act 2005 (NSW) and the Uniform Civil Procedure Rules 2005 (NSW) – Application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Sanderson Motors Pty Limited v Kirby [2000] NSWSC 924 United Card Services Pty Ltd v Object Consulting Pty Ltd; United Petroleum Pty Ltd v PayPoint Solutions Pty Ltd [2010] NSWSC 743 Category: Procedural rulings Parties: Raju Shakya – Plaintiff Lobana Trading Co Pty Ltd – First Defendant Young Dong Song – Second Defendant Astonblu Pty Ltd – Third Defendant Kamalini Knight – Fourth Defendant Representation: Counsel: D Ratnan – Plaintiff A Kaufmann – First Defendant