Hendi by her tutor Hamed Hendi v Commonwealth of Australia [2016] NSWSC 210

Supreme Court New South Wales

Medium Neutral Citation: Hendi by her tutor Hamed Hendi v Commonwealth of Australia [2016] NSWSC 210 Hearing dates: 26 February 2016 Decision date: 26 February 2016 Jurisdiction: Common Law Before: Adamson J Decision: Make the following orders and notation in each of the following proceedings 2014/00068193, 2014/00068203, 2014/00068211 and 2014/00068216:

(1) Note that the defendant and each of the cross-defendants will not seek to argue (by reference to Uniform Civil Procedure Rules 2005 (NSW) r. 42.34) that the plaintiffs ought, if successful, be deprived of their costs in the event that those four sets of proceedings remain, continue to be prosecuted and are completed in this Court.

(2) Refuse the plaintiffs' application to transfer the proceedings to the District Court on the basis that, by reason of the complexity of the proceedings, it is in the interests of justice that they remain in this Court.

(3) Order, until further order, that each of these proceedings, 2014/00068193, 2014/00068203, 2014/00068211 and 2014/00068216, be heard together.

(4) Order that the costs of this notice of motion be costs in the cause.

(5) Stand the matter over for further directions before me (in lieu of Registrar Bradford) on Friday 8 April 2016 at 9.15am. Legislation Cited: Civil Procedure Act 2005 (NSW), s146 Migration Act 1958 (Cth) Uniform Civil Procedure Rules 2005 (NSW), r 42.34 Cases Cited: S v Secretary, Department of Immigration and Multicultural and Indigenous Affairs [2005] FCA 549; 143 FCR 217 Category: Procedural and other rulings Parties: Asrin Hendi by her tutor Hamed Hendi (Plaintiff) Amir Hendi by his tutor Hamed Hendi (Plaintiff) Hamed Hendi (Plaintiff) Nasrin Ghasemi (Plaintiff) Commonwealth of Australia (Defendant/ Cross-Claimant) Serco Australia Pty Limited (First Cross-Defendant) International Health and Medical Services Pty Limited (Second Cross-Defendant) Representation: Counsel: J Raine (Plaintiffs) RE Williams QC (Defendant/ Cross-Claimant) MP McGrath (First Cross-Defendant) L Vincent (Second Cross-Defendant)