NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Singh v Khan; Singh v Fobupu Pty Ltd [2019] NSWSC 485 Hearing dates: 26 April 2019 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:
(1) In proceedings No 2018/278850 the notices of motion filed 15 October 2018, 21 November 2018 and 20 December 2018 are dismissed.
(2) In proceedings No 2018/348479 the notice of motion filed 21 November 2018 is dismissed.
(3) The summonses filed 27 August 2019 and 13 November 2018 are stood over to 31 October 2019 at 9.00 am for directions before the registrar. Liberty to apply on seven (7) day notice for a matter that is finalised in NCAT. This seven (7) day notice includes if the plaintiff is seeking a stay of proceedings, in the event a stay has been refused by NCAT
(4) The plaintiff is to pay the balance of the costs of both notices of motion filed 21 November 2019.
(5) The plaintiff is to pay the costs of the notices of motion filed 15 October 2018 and 20 December 2018. Catchwords: CIVIL PROCEDURE – Whether stay should be granted when proceedings are still being heard in the NSW Civil and Administrative Tribunal – notices of motion filed in Supreme Court seeking stay of proceedings – consolidation of proceedings in NCAT – join party to proceedings Category: Procedural and other rulings Parties: 2018/278850 Gurjit Singh (Plaintiff) Ghulam Akbar Khan (First Defendant) Samina Khan (Second Defendant) Fobupu Pty Ltd (Third Defendant)
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