Body Technology Pty Ltd v Babak Moini [2011] NSWSC 930

Supreme Court New South Wales

Medium Neutral Citation: Body Technology Pty Ltd v Babak Moini [2011] NSWSC 930 Hearing dates: 10/06/2011 Decision date: 10 June 2011 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: Application to transfer proceedings from Local Court to Supreme Court dismissed. Catchwords: PRACTICE AND PROCEDURE - Application to transfer proceedings from Local to Supreme Court - where applicant asserts defence of equitable set-off to Local Court proceedings - equitable set-off without substance - no sufficient reason for removing proceedings to Supreme Court. Legislation Cited: (NSW) Civil Procedure Act, s 140 Cases Cited: Hill v Ziymack (1908) 7 CLR 352 James v Commonwealth Bank of Australia (1992) 37 FCR 445 Lord v Direct Acceptance Corporation Ltd (in liq) (1993) 32 NSWLR 362 Category: Procedural and other rulings Parties: Body Technology (plaintiff) Babak Moini (first defendant) Barodo Investments Pty Ltd (second defendant) Cosmetic Laser Clinic Pty Ltd (third defendant) Health and Beauty International Ltd (in liq) (fourth defendant) Nevodnich Olga Semenivna USR T/A Megahoster.net (fifth defendant) (UK2 Group) Limited (sixth defendant) Representation: Counsel: Mr S O'Brien (plaintiff) Ms J Chambers (first, second & third defendants) Solicitors: Yates Beaggi Lawyers (plaintiff) ClarkeKann Lawyers (first, second & third defendants) File Number(s): 2009/326322