Wyse & Young International Pty Ltd trading as Wyse & Young Accounting v Corrado Sanna [2017] NSWSC 1871

Supreme Court New South Wales

Medium Neutral Citation: Wyse & Young International Pty Ltd trading as Wyse & Young Accounting v Corrado Sanna [2017] NSWSC 1871 Hearing dates: 21 August 2017 Date of orders: 23 August 2017 Decision date: 23 August 2017 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Leave granted to amend defence and file cross-claim; defendants' application for transfer of proceedings to Federal Court refused; plaintiffs' claim for monetary sum or sums against the defendant to be heard separately and before other issues. Catchwords: PROCEDURE – application to amend defence and file cross-claim – where arguable case sought to be put on amended defence and proposed cross-claim – whether unacceptable prejudice to plaintiff of permitting amendment – where granting leave consistent with approach of allowing issues to be decided on their merits – held, leave to amend defence and file cross-claim granted.

JURISDICTION – Cross-vesting – application for transfer to Federal Court – whether "special federal matter" – where proceedings well advanced and hearing imminent – where some bankruptcy-related issues could not proceed for want of relevant parties – claims for monetary judgments against non-bankrupt parties severed to be determined first – transfer at this stage refused. Legislation Cited: (CTH) Bankruptcy Act 1966, s 5, s 27, s 31(1)(f) (CTH) Family Law Act 1975, s 90C (CTH) Jurisdiction of Courts (Cross-vesting) Act 1987, s 3(e), s 6(3) (NSW) Contracts Review Act 1980 Cases Cited: DCL Construction Group Pty Ltd, In the matter of [2017] NSWSC 839 Truthful Endeavour Pty Ltd v Condon (2015) 233 FCR 174 Wyse & Young International Pty Ltd t/as Wyse & Young Accounting & Ors v Corrado [2015] NSWSC 1863 Category: Procedural and other rulings Parties: Wyse & Young International Pty Ltd trading as Wyse & Young Accounting (first plaintiff) Defined Properties Investment Pty Ltd (second plaintiff) Wolgan Consulting Pty Ltd (third plaintiff) Corrado Sanna (first defendant) DCL Construction Group Pty Ltd (second defendant) Domenic Sanna (fourth defendant) Representation: Counsel: G Dimitriou (director, by leave) (plaintiffs) D Allen (defendants)