Stanizzo v Badarne [2015] NSWSC 26

Supreme Court New South Wales

Medium Neutral Citation: Stanizzo v Badarne [2015] NSWSC 26 Hearing dates: 03/02/2014 Decision date: 03 February 2015 Jurisdiction: Equity Division Before: McDougall J Decision: Decline to deal summarily with application to transfer proceedings from District Court. Catchwords: PROCEDURE – civil - jurisdiction - transfer of proceedings - where dispute involves two sets of District Court proceedings and one set of Supreme Court proceedings - application to transfer one set of District Court proceedings to Supreme Court - where District Court soon to consider whether two sets of proceedings before it should be heard together - where order already made in Supreme Court proceedings that notice of motion seeking leave to amend statement of claim be filed - where order noted that the transfer application should be decided at the same time as the hearing of the application for leave to amend - where all three proceedings share common factual background - whether transfer application can be properly decided before full extent of factual issues made clear to court Cases Cited: Stanizzo v Badarne (NSWSC, 19 September 2014, unreported) Category: Procedural and other rulings Parties: Vincent Francis Stanizzo (Plaintiff) Muhammad Badarne (First Defendant) Good Legal Pty Ltd (Second Defendant) Abdul Karim Charmand (Third Defendant) Nasser Aouad (Fourth Defendant) Representation: Counsel: M K Rollinson (Plaintiff) D Krochmalik (First and Second Defendants)

Solicitors: Justice Lawyers (Plaintiff) Good Legal Lawyers (First and Second Defendants) File Number(s): 2013/291210