NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Bartolomei v Uy [2018] NSWSC 794 Hearing dates: 25 May 2018 Date of orders: 30 May 2018 Decision date: 30 May 2018 Jurisdiction: Equity Before: Darke J Decision: Order made staying Local Court proceedings pending the determination of these proceedings or further order of the Court. Catchwords: PRACTICE AND PROCEDURE – stay of proceedings in lower court – abuse of process – proceedings in lower court commenced shortly after proceedings commenced in Supreme Court – disputes essentially based on single set of underlying facts – whether continuation of lower court proceedings would be oppressive or vexatious Legislation Cited: Dividing Fences Act 1991 (NSW) Encroachment of Buildings Act 1922 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256; [2006] HCA 27 Urban Traders Pty Ltd v Paul Michael Pty Ltd [2009] NSWSC 1072 Category: Procedural and other rulings Parties: Karen Josephine Bartolomei (First Plaintiff) Joseph Francis Borg (Second Plaintiff) Doris Maria Borg (Third Plaintiff) Brian Uy (First Defendant) Shane Vassallo (Second Defendant) Representation: Counsel: Mr J Knackstredt (Plaintiffs) Ms C Rose, solicitor (Defendants)
Solicitors: DEA Lawyers (Plaintiffs) Swaab Attorneys (Defendants) File Number(s): 2018/26514 Publication restriction: None
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