Cancian Nominees Pty Ltd v Dib Group Pty Ltd [2015] NSWSC 1072

Supreme Court New South Wales

Medium Neutral Citation: Cancian Nominees Pty Ltd v Dib Group Pty Ltd [2015] NSWSC 1072 Hearing dates: 30 July 2015 Date of orders: 31 July 2015 Decision date: 31 July 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Grounds 1 to 7 and 11 of the plaintiff's summons be struck out.

(2) The plaintiff be granted leave to re-plead grounds 5 to 7 and 11, but only insofar as they relate to the dismissal of the plaintiff's cross-claim in the Local Court.

(3) The defendant's notice of motion filed 25 February 2015 be otherwise dismissed.

(4) The proceedings be stood over for further directions before a Registrar on 21 August 2015 at 9:00am.

(5) The plaintiff to pay seventy per cent of the defendant's costs of its notice of motion on the ordinary basis. Catchwords: LOCAL COURT APPEAL – Summary judgment – second appeal to Supreme Court – earlier appeal remitted proceedings to Local Court for re-hearing – no appeal from earlier Supreme Court judgment – matter referred by Local Court – unsuccessful party's summons contended earlier matter wrongly decided – principal of finality – abuse of process – summons struck out in part. Legislation Cited: - Local Court Act 2007 – ss 39 to 41 Cases Cited: - Crown Estate Commissioners v Dorset County Council [1990] Ch 297 - Dib Group Pty Ltd v Cancian Nominees Pty Ltd [2013] NSWSC 1878 - D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; 223 CLR 1 - Klesteel Pty Ltd v Mantzouranis [2006] NSWSC 915 - Klesteel Pty Ltd v Mantzouranis [2008] NSWSC 194 Category: Procedural and other rulings Parties: Cancian Nominees Pty Ltd – Plaintiff Dib Group Pty Ltd – Defendant Representation: Counsel: D.L. Cook – Plaintiff G.A. Moore – Defendant