Kirali v Matthews [2023] NSWSC 656

Supreme Court New South Wales

Medium Neutral Citation: Kirali v Matthews [2023] NSWSC 656 Hearing dates: 14 June 2023 Date of orders: 14 June 2023 Decision date: 14 June 2023 Jurisdiction: Common Law Before: Lonergan J Decision: See pars [35] to [39]. Catchwords: CIVIL PROCEEDINGS – cross-vesting – costs Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (NSW) Defamation Act 2005 (NSW) Jurisdiction of Courts Cross-vesting Act 1987 (NSW) Service and Execution of Process Act 1992 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural rulings Parties: Sreejesh Kirali (Plaintiff) Kerrie Matthews (Defendant) Representation: Counsel: J Levine (Plaintiff) P Hart (Defendant)

Solicitors: Matrix Legal (Plaintiff) Animal Defenders Office Inc. (Defendant) File Number(s): 2023/00024831 Publication restriction: Nil

revised ex-tempore JUDGMENT 1. Listed before me for hearing today as duty judge is a summons filed on 24 January 2023 seeking an order discharging a stay that was granted in the District Court on 21 June 2022, and an order transferring those District Court proceedings to this Court under s 140 of the Civil Procedure Act 2005 (NSW) as part of a facilitation to transfer the proceedings to the Supreme Court of Victoria pursuant to s 5 of the Jurisdiction of Courts (Cross vesting) Act 1987 (NSW). An order is also sought that the respondent/defendant pay the applicant/plaintiff's costs of the summons forthwith, although payment forthwith was not ultimately pressed.