NSW Caselaw
New South Wales District Court
CITATION: Smith v Wikramanayake [2010] NSWDC 319
HEARING DATE(S): 12 May 2010, 14 May 2010, 3 June 2010, 22 June 2010
JUDGMENT DATE: 25 June 2010
JURISDICTION: Civil
JUDGMENT OF: Knox SC DCJ
DECISION: The statement of claim is stayed until such time as the facility known as 'Lavender Lodge' at 286 Warren Street, Lavington in Wagga is sold. The Respondent is to pay the Applicants' costs of the Motion on the usual basis.
CATCHWORDS: Stay - Abuse of process - Anshun principles - Prior proceedings between same parties - Identity of proceedings - Scope of agreement giving rise to proceedings
LEGISLATION CITED: Uniform Civil Procedure Rules
Smith v Wikramanayake [2007] NSWSC 136 Smith v Wikramanayake & Anor [2008] FMCA 1425 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45 Champerslife Pty Ltd v Manojlovski & Anor [2010] NSWCA 33 CASES CITED: Greenhalgh v Mallard [1947] 2 All ER 225 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 General Steel (General Steel Industries Incorporated) v Commissioner for Railways (NSW) (1964) 112 CLR 125 Tang Man Sit v Capacious Investments Ltd [1996] AC 514 Baxter v Obacelo Pty Ltd [2001] HCA 66 Bryant v Commonwealth Bank of Australia [1995] 130 ALR 129
PARTIES: David SMITH Margaret Anne and Penrith Stimate WIKRAMANAYAKE Wagga Road Properties Pty Ltd
COUNSEL: Mr P Bolster Mr G Sirtes SC
SOLICITORS: Verekers Lawyers Macpherson & Kelley
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