Break Fast Investments Pty Ltd v Perikles Giannopoulos (also known as Perry Giannopoulos) & Anor [2011] NSWSC 1117

Supreme Court New South Wales

Medium Neutral Citation: Break Fast Investments Pty Ltd v Perikles Giannopoulos (also known as Perry Giannopoulos) & Anor [2011] NSWSC 1117 Hearing dates: 13 September 2011 Decision date: 16 September 2011 Jurisdiction: Equity Division Before: Black J Decision: Motion for joinder of proposed Third Defendant dismissed and motion for joinder of proposed Fourth Defendant allowed - motion for transfer of proceedings to Supreme Court of Victoria dismissed Catchwords: PROCEDURE - joinder of additional defendants shortly before hearing - application to have proceedings transferred to Supreme Court of Victoria - whether more appropriate that present proceedings be determined in the Supreme Court of Victoria - where interests of justice lie. Legislation Cited: - Civil Procedure Act 2005 (NSW) - Jurisdiction of Courts (Cross-vesting) Act 1987 Cases Cited: - Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 - BHP Billiton Ltd v Shultz (2004) 221 CLR 400; [2004] HCA 61 - DA Christie Pty Ltd v Baker [1996] 2 VR 582 - Fletcher v Besser [2010] NSWCA 30 - Livestock Transport (Sydney) Pty Ltd v Commonwealth of Australia [2011] NSWSC 283 - Nominal Defendant v Manning (2000) 50 NSWLR 139; [2000] NSWCA 80 - State Bank of New South Wales v Geeport Developments Pty Ltd (1991) 5 BPR 11, 947 Category: Interlocutory applications Parties: Break Fast Investments Pty Ltd (Plaintiff) Perikles Giannopoulos (also known as Perry Giannopoulos) (First Defendant) Sandra Farone (Second Defendant) Representation: Counsel: R.E. Dubler SC (Plaintiff) M.K. Condon (First and Second Defendants) Solicitors: Proctor Phair Lawyers (Plaintiff) Sage Solicitors (First and Second Defendants) File Number(s): 10/147040