Di Francesco & anor v Pioneer Energy Pty Limited & ors [2014] NSWSC 480

Supreme Court New South Wales

Medium Neutral Citation: Di Francesco & anor v Pioneer Energy Pty Limited & ors [2014] NSWSC 480 Hearing dates: Monday, 7 April 2014 Decision date: 29 April 2014 Jurisdiction: Equity Division Before: Brereton J Decision: This proceeding be consolidated with proceeding 2013/102212; Plaintiffs in the consolidated proceedings file within 28 days a consolidated statement of claim; Plaintiffs pay the defendants' costs of the motion. Catchwords: PROCEDURE - courts and judges generally - courts - application for consolidation of two proceedings - where issues in the second proceeding are a subset of the larger dispute encompassed by the first proceeding - whether the benefits of early determination of the issues raised in the second proceeding are such as to outweigh the detriment of two final hearings in respect of closely related disputes - where not apparent that there is any need to determine the claims for relief in the second proceeding before the first proceeding, nor utility in doing so - proceedings consolidated Legislation Cited: (NSW) Uniform Civil Procedure Rules 2005, r 28.5 Category: Interlocutory applications Parties: Charlie Di Francesco (first plaintiff) Blue Oil Energy Pty Ltd (ABN 22 139 462 883) (second plaintiff) Pioneer Energy Pty Ltd (ACN 147 522 656) (first defendant) Pioneer Energy Holdings Pty Ltd (second defendant) Morgan Stanley Capital Group Inc (third defendant) Representation: Counsel: D Pritchard SC w V Culkoff (plaintiffs/respondents) D Klineberg (defendants/applicants) Solicitors: Spinks Eagle Lawyers (plaintiffs) King & Wood Mallesons (defendants) File Number(s): 2013/386061