Tu v CH Real Estate Pty Ltd t/as Raine & Horne Campbelltown [2015] NSWSC 1728

Supreme Court New South Wales

Medium Neutral Citation: Tu v CH Real Estate Pty Ltd t/as Raine & Horne Campbelltown [2015] NSWSC 1728 Hearing dates: 5 November 2015 Date of orders: 23 November 2015 Decision date: 23 November 2015 Jurisdiction: Common Law Before: Davies J Decision: (1) An order under s 140(2) of the Civil Procedure Act 2005 (NSW) transferring to this Court proceedings currently before the District Court of NSW being:

(a) Case number 2014/164670 including proceedings on the First Cross-Claim in those District Court proceedings; and

(b) Proceedings originally commenced in the NSW Civil and Administrative Tribunal and designated as file number COM 14/15094 and transferred to the District Court on 12 June 2014 and given District Court case number 2014/174830.

(2) Direct that the two transferred proceedings be heard together with evidence in each being evidence in the other.

(3) Dismiss the Cross-Summons. Catchwords: LEASES – retail leases – New South Wales Civil and Administrative Tribunal – jurisdiction of courts to hear disputes concerning retail leases – dispute concerning existence of lease – proceedings commenced in Tribunal transferred to District Court – whether District Court has jurisdiction – jurisdiction of Supreme Court – whether proceedings should be transferred to Supreme Court – whether proceedings should thereafter be transferred to the Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Retail Leases Act 1994 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Gekeva Pty Ltd v AGF Pty Ltd [2000] NSWSC 1199 General Steel Industries Inc v Commisioner for Railways (NSW) (1964) 112 CLR 125 Pascoe v Holyoake [2006] NSWSC 64 State of NSW v Kable [2013] HCA 26; (2013) 252 CLR 118 Category: Procedural and other rulings Parties: Margaret Sze Tu (First Plaintiff) Shiu How Sze Tu (Second Plaintiff) Shiu Shing Sze Tu (Third Plaintiff) Helen Sze Tu (Fourth Plaintiff) CH Real Estate Pty Ltd t/as Raine & Horne Campbelltown (First Defendant) JAM Studios Pty Ltd (Second Defendant /Cross-Claimant) Representation: Counsel: R P V Carey (Plaintiffs) R O'Connor (First Defendant) N Potts (Second Defendant/Cross-Claimant)