Malik v National Australia Bank [2024] NSWSC 1003

Supreme Court New South Wales

Medium Neutral Citation: Malik v National Australia Bank [2024] NSWSC 1003 Hearing dates: On the papers Date of orders: 12 August 2024 Decision date: 12 August 2024 Jurisdiction: Equity - Applications List Before: Kunc J Decision: Proceedings transferred to Possession List Catchwords: CIVIL PROCEDURE — Specialist lists — Possession List — Transfer from Equity Division General List Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Uniform Civil Procedure Rules 2005 (NSW) r 45.1 Category: Procedural rulings Parties: Shahid Malik (First Plaintiff) Ghazala Afzal (Second Plaintiff) National Australia Bank (Defendant) Representation: Counsel: M Collins (Defendant)

Solicitors: Dentons (Defendant)

Other: S Malik (Self) File Number(s): 2023/341119

JUDGMENT

Summary 1. These proceedings were commenced by the plaintiffs (Mr Malik and Ms Afzal) against the defendant, National Australia Bank Limited (NAB), in the General List of the Equity Division. The matter has not proceeded beyond what might be referred to, loosely, as the pleadings. 2. By notice of motion filed 4 July 2024, NAB seeks to have the proceedings transferred to the Common Law Division and entered in the Possession List. The plaintiffs oppose that course. 3. For the reasons which follow, the Court will grant that relief. In summary, this is because the Court accepts NAB's submission that the overriding purpose under the Civil Procedure Act 2005 (NSW) in relation to these proceedings will be best served by judicial case management. That occurs as of course in the Possession List of the Common Law Division. Judicial case management is not the norm in the General list of the Equity Division. 4. The parties agreed that NAB's motion should be determined on the papers. NAB's submissions were prepared by Mr M Collins of Counsel. The plaintiffs' submissions were prepared by Mr Malik.