Jain v Sydney Metro [2024] NSWSC 387

Supreme Court New South Wales

Medium Neutral Citation: Jain v Sydney Metro [2024] NSWSC 387 Hearing dates: 10 April 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: (1) The application for relief in prayer 11 of the Summons is dismissed; (2) I fix the balance of the Summons and the Cross-Summons for hearing before me commencing on 22 July 2024; (3) The parties are, within 2 business days, to bring in short minutes providing for the filing and service by the plaintiffs of points of claim (which are to include a statement of the facts contended for by the plaintiffs, the propositions of law contended for by the plaintiffs, and the outcome of the application of the former to the latter), the filing and service by the defendants of points of defence (which are to include any further facts contended by either of them, and any propositions of law for which they contend), the filing and service by the plaintiffs of any points in reply, the service of any further evidence, written submissions and the preparation of a court book; and (4) Liberty to apply on 48 hours' notice. Catchwords: CIVIL PROCEDURE – Civil Procedure Act 2005 (NSW) ss 149B, 149E – Application for transfer of proceedings instituted in this Court to the Land and Environment Court of New South Wales for the predominant purpose, not of seeking the substantive relief claimed in this Court, but of transferring the proceedings to that Court to have the outcome that that Court will have jurisdiction with respect to issues having arisen in proceedings in that Court in respect of which it may not have jurisdiction – Where no application is made to that Court to transfer the proceedings, or any part of them, in that Court to this Court – HELD the application for transfer should be refused because it is an abuse of the processes of this Court – HELD FURTHER that it is in any event not more appropriate for the proceedings to be heard in that Court than this one Legislation Cited: Civil Procedure Act 2005 (NSW) Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Land and Environment Court Act 1979 (NSW Strata Schemes Development Act 2015 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Carre v Owners Corporation – Strata Plan 53020 (2003) 58 NSWLR 302 Foss v Harbottle (1843) 2 Hare 461; 67 ER 189 Williams v Spautz (1992) 174 CLR 509 Category: Principal judgment Parties: Sukender Jain, Nitin Gupta, Duncan Fairweather, Ben Hewlett and Salvatore Cammarata (Plaintiffs / Cross-Defendants)