Salib v Gakas [2009] NSWSC 1469

New South Wales Supreme Court

CITATION : Salib v Gakas [2009] NSWSC 1469

HEARING DATE(S) : 7 December 2009

JUDGMENT DATE : 24 December 2009

JURISDICTION : Common Law Division

JUDGMENT OF : Hislop J

DECISION : 1. The summons filed on 19 October 2009 is dismissed. 2. The plaintiff is to pay the defendant's costs of the application.

LEGISLATION CITED : Civil Procedure Act 2005 District Court Act 1973

CATEGORY : Procedural and other rulings

PARTIES : Hyam Salib (Plaintiff) William Gakas (Defendant)

FILE NUMBER(S) : SC 15140/09

COUNSEL : N. Ghabar (Plaintiff) T.D. Anderson (Defendant)

SOLICITORS : Brydens Law Office (Plaintiff) Alfred J. Morgan & Son (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HISLOP J

Thursday 24 December 2009

15140/09 HYAM SALIB v WILLIAM GAKAS

JUDGMENT

Introduction 1 Ms Salib by summons filed on 19 October 2009 sought orders: "1. That District Court proceedings number 6187 of 2008 be transferred to the Supreme Court. 2. That following the transfer of the District Court proceedings to the Supreme Court, the matter be heard together with Supreme Court proceedings number 4431 of 2007 and 2896 of 2008. 3. Costs in this application be costs in the cause." 2 The summons was originally filed in the Equity Division but later transferred to the Common Law Division. 3 Counsel for Mr Gakas, the defendant named in the summons, stated that the transfer application was neither consented to nor opposed. However, the application that the District Court matter be heard with the Supreme Court proceedings was opposed.