Kang v Bishop & Ors [2018] NSWSC 46

Supreme Court New South Wales

Medium Neutral Citation: Kang v Bishop & Ors [2018] NSWSC 46 Hearing dates: 18 October 2017 Decision date: 09 February 2018 Jurisdiction: Common Law Before: N Adams J Decision: (1) The plaintiff's notice of motion dated 2 August 2017 is dismissed. (2) The plaintiff is to pay the defendant's costs of the motion. Catchwords: ADMINISTRATIVE LAW – motion to remove proceedings to Court of Appeal in judicial review proceedings under UCPR r 1.21(1) - discretion to transfer proceedings – relevant factors in exercise of discretion Legislation Cited: Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Criminal Procedure Act 1986 (NSW) Fair Trading Act 1987 (NSW) Government Sector Employment Act 2013 (NSW) Interpretation Act 1987 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allandale Blue Metal Pty Ltd v Roads and Maritime Services (2013) 195 LGERA 182; [2013] NSWCA 103 AVS Group of Companies v Commissioner of Police [2010] NSWSC 659 Griffin Energy Group Pty Ltd (subject to a Deed of Company Arrangement) v Laughland [2016] NSWSC 1057 Idoport Pty Limited v National Australia Bank Limited (15) [2000] NSWSC 1215 Kew v Commissioner for Fair Trading [2005] NSWSC 1100 Kew v Commissioner of Fair Trading [2007] NSWSC 394 Sasterawan v Morris (2007) 69 NSWLR 547; [2007] NSWCCA 185 Stewart v Ronalds [2009] NSWSC 455 Category: Principal judgment Parties: Edward Kang (Plaintiff) Jay Bishop (First Defendant) Secretary, Department of Finance, Services and Innovation (Second Defendant) Local Court of NSW (Third Defendant, submitting appearance) Representation: Counsel: Ms R Seiden SC with Mr P Johnson (Plaintiff) Ms T Phillips (First and Second Defendants)