Brown v IJM Group Pty Ltd trading as Cove Agency [2024] NSWSC 578

Supreme Court New South Wales

Medium Neutral Citation: Brown v IJM Group Pty Ltd trading as Cove Agency [2024] NSWSC 578 Hearing dates: 15 May 2024 Date of orders: 15 May 2024 Decision date: 15 May 2024 Jurisdiction: Common Law Before: Basten AJ Decision: (1) Order that proceedings in the Local Court titled IJM Group Pty Ltd v Nathan Brown, case No 2022/317468 be transferred to the Supreme Court, Equity Division, pursuant to s 140(2) of the Civil Procedure Act 2005 (NSW). (2) Note that the transferred proceedings will be titled as in the Local Court proceedings, namely with IJM Group Pty Ltd as the plaintiff/cross-defendant and Nathan Brown as the defendant/cross-claimant. (3) Direct that the pleadings in the Local Court be the pleadings in the Equity Division. (4) Direct that the transferred proceedings be listed before the Equity Registrar for further directions. (5) Order that IJM's costs of the proceedings seeking the transfer of the matter from the Local Court be its costs in the transferred proceedings. (6) Dismiss the respondent's notice of motion filed on 2 February 2024. (7) The amended summons in matter 2023/361878 in the Common Law Division is otherwise dismissed. Catchwords: CIVIL PROCEDURE – jurisdiction – transfers to and from other courts – Local Court to Supreme Court – complex legal issue to be determined – where construction of a Deed of Settlement and Release is required – Deed product of proceedings in Equity Division Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 140, 146 District Court Act 1973 (NSW), ss 44, 134(1) Law Reform (Law and Equity) Act 1972 (NSW), s 6 Local Court Act 2007 (NSW), s 33(1) Australian Consumer Law, ss 60, 236 Uniform Civil Procedure Rules 2005 (NSW), r 42.34 Cases Cited: Chen v State of New South Wales [2016] NSWCA 177 Category: Principal judgment Parties: Nathan Brown (Applicant) IJM Group Pty Ltd trading as Cove Agency (Respondent) Representation: Counsel: M Yu (Applicant) E Vuu (Respondent)