NSW Caselaw
New South Wales Supreme Court
CITATION : Grizonic v Suttor [2008] NSWSC 900
HEARING DATE(S) : 22 February 08 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 22 February 2008
DECISION : Common law proceeding 20002/05 transferred from Common Law Division to Equity Division to be heard together with proceedings 6141/03. Application to dismiss proceeding 6141/03 for want of application refused.
CATCHWORDS : PROCEDURE – application by plaintiff to merge common law proceeding into equity proceeding – where facts and issues raised by common law proceeding closely interwoven with equity proceeding. - PROCEDURE – DISMISSAL FOR WANT OF PROSECUTION – where proceeding has long procedural history – where both parties have failed to comply with Court directions.
LEGISLATION CITED : (NSW) Uniform Civil Procedure Rules, r 46.5
CATEGORY : Procedural and other rulings
6141/03 Claudio Grizonic (plaintiff) Suzanne Ranken Suttor (first defendant) Find a Flat Pty Ltd (second defendant) 2475/05 Claudio Grizonic (plaintiff) Geoffrey McDonald (first defendant) PARTIES : Paul Leroy (second defendant) Suzanne Suttor (third defendant) 1960/08 Claudio Grizonic (plaintiff) Suzanne Ranken Suttor (first defendant) Rodney Ranken Suttor (second defendant) Find a Flat Pty Ltd (third defendant)
FILE NUMBER(S) : SC 6141/03; 2475/05; 1960/08
Mr C Grizonic (in person) w Ms D Wade (plaintiff) COUNSEL : Mr A Jungwirth (D1,2 in 6141/03), (D3 in 2475/05), (D1, 2, 3 in 1960/08) Mrs Baxter (D1, 2 in 2475/05)
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