United Card Services Pty Limited v Object Consulting Pty Limited;United Petroleum Pty Limited v Paypoint Solutions Pty Limited [2010] NSWSC 743

New South Wales Supreme Court

CITATION : United Card Services Pty Limited v Object Consulting Pty Limited;United Petroleum Pty Limited v Paypoint Solutions Pty Limited [2010] NSWSC 743

HEARING DATE(S) : 30 June 2010

JUDGMENT DATE : 30 June 2010

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 30 June 2010

DECISION : 1. Order that the summons in proceedings 2010/156364 be dismissed. 2. Order that the plaintiff pay the defendant's costs of that summons. 3. In proceedings 2009/290484 order that the plaintiff's notice of motion filed on 4 June 2010 be dismissed. 4. As between the plaintiff and the defendants in proceedings 2009/290484, the defendants' costs of the notice of motion will be their costs in the proceedings.

CATCHWORDS : PRACTICE AND PROCEDURE – application under Civil Procedure Act, s 140 for transfer of proceedings from Local Court to Supreme Court and to be heard with existing Supreme Court proceedings – proceedings relate to same general transaction – application refused – no satisfactory explanation for delay in making application – no evidence that damages claim exceeds Local Court jurisdictional limit – different parties to proceedings – Local Court proceedings would not give rise to res judicata or issue estoppel binding parties to Supreme Court proceedings – prejudice arising from further delay to proceedings

LEGISLATION CITED : Civil Procedure Act 2005 (NSW)

CATEGORY : Procedural and other rulings

2010/156364 Plaintiff: United Card Services Pty Limited PARTIES : Defendant: Object Consulting Pty Limited 2009/290484 Plaintiff: United Petroleum Pty Limited Defendant: Paypoint Solutions Pty Limited