CHP Asset Management Pty Limited v Maison Global Property Pty Limited [2023] NSWSC 992

Supreme Court New South Wales

Medium Neutral Citation: CHP Asset Management Pty Limited v Maison Global Property Pty Limited [2023] NSWSC 992 Hearing dates: 18 August 2023 Date of orders: 18 August 2023 Decision date: 18 August 2023 Jurisdiction: Equity - Commercial List Before: Nixon J Decision: (1) The Summons filed on 3 August 2023 be dismissed. (2) The plaintiffs pay the defendants' costs of the proceedings in this Court. Catchwords: CIVIL PROCEDURE – transfer of proceedings from District Court to Supreme Court – Civil Procedure Act 2005 (NSW) ss 56-58 and 140 – where application based on proposed cross-claim – where matter currently listed for hearing in District Court, in circumstances where it was previously listed for hearing, and vacated, in 2022 – where prejudice if hearing vacated for a second time – where no explanation for delay in raising proposed claim – transfer order refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 140 Cases Cited: TH Drake & Associates Pty Ltd v Safaei [2022] NSWSC 1008 Category: Principal judgment Parties: CHP Asset Management Pty Limited (ACN 608 109 664) (formerly known as ACN 608 109 664 Pty Limited and Ecove Site 9 Pty Limited) (First Plaintiff) Community Housing Developments Pty Limited (formerly known as ACN 104 573 391 and Australia Avenue Developments Pty Limited) (Second Plaintiff) Louie Bechara (Third Plaintiff) Maison Global Property Pty Ltd (ACN 133 397 458) (Defendant) Representation: Counsel: D Hughes (Plaintiffs) L Livingston SC (Defendant)