2128 Pty Ltd v Ugarkovic [2015] NSWSC 962

Supreme Court New South Wales

Medium Neutral Citation: 2128 Pty Ltd v Ugarkovic [2015] NSWSC 962 Hearing dates: 17 July 2015 Date of orders: 17 July 2015 Decision date: 17 July 2015 Jurisdiction: Common Law Before: Davies J Decision: By consent:

1. Under reservation of all the Defendants' rights, the Plaintiffs' Summons and Statement of Claim be further amended in terms of the proposed Further Amended Summons and proposed Further Amended Statement of Claim annexed hereto and marked "A" and "B".

2. All cost incurred to date be reserved.

3. All other Orders/Directions made to date be vacated.

4. For the sake of an abundance of certainty it is noted that the return date of the Statement of Claim, i.e. 28 July 2015, and the date on which this matter is listed for hearing, viz 22 July 2015 be vacated.

Further order:

Pursuant to s 149B of the Civil Procedure Act 2005 (NSW), an Order made for the proceedings to be transferred to and heard in the Land and Environment Court. Catchwords: COURTS – transfer between courts – whether proceedings more appropriately dealt with in the Land and Environment Court – ancillary jurisdiction Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Procedural and other rulings Parties: 2128 Pty Ltd (First Plaintiffs) Alec Sydney Gardner (Second Plaintiffs) Jennifer Maxine Gardner (Third Plaintiffs) Anita Ugarkovic (First Defendant) Carl Georgeson (Second Defendant) Stephen Clements (Third Defendant) Representation: Counsel: M S Jacobs QC (Plaintiffss) S Balafoutis (Defendants)