Jain v Sydney Metro [2024] NSWSC 387

Jain v Sydney Metro [2024] NSWSC 387

The application for transfer under s 149B was dismissed because the principal and predominant purpose of the proceedings in this Court was not to seek substantive relief but to confer jurisdiction on the Land and Environment Court. Such use constitutes an abuse of process. Even if it were not an abuse, it is not shown that it is more appropriate for the proceedings to be heard by the L&E Court, given the specialist competence of this Division and the discrete nature of the issues.

Parties
Plaintiff / Cross Defendant: Sukender Jain; Plaintiff / Cross Defendant: Nitin Gupta; Plaintiff / Cross Defendant: Duncan Fairweather; Plaintiff / Cross Defendant: Ben Hewlett; Plaintiff / Cross Defendant: Salvatore Cammarata; First Defendant: Sydney Metro; Second Defendant / Cross Claimant: Owners Corporation Strata Plan 58859
Jurisdiction
Australia
Judgment Date
12 April 2024
Procedural Posture
Equity Civil Procedure Application / Interlocutory Application Transfer Application Determination
Outcome
Application for transfer dismissed. Directions made for further steps, hearing fixed.
Legal Topics
Transfer of Proceedings, Standing in Representative Capacity, Derivative Actions, Trusts on Compensation Claims, Abuse of Process
Civil Procedure Equity Strata Title Law Compulsory Acquisition Transfer of Proceedings Standing in Representative Capacity Derivative Actions Trusts on Compensation Claims +1 more

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Parties

Sukender Jain

Plaintiff / Cross Defendant

Nitin Gupta

Plaintiff / Cross Defendant

Duncan Fairweather

Plaintiff / Cross Defendant

Ben Hewlett

Plaintiff / Cross Defendant

Salvatore Cammarata

Plaintiff / Cross Defendant

Sydney Metro

First Defendant

Owners Corporation Strata Plan 58859

Second Defendant / Cross Claimant

Procedural Posture

Equity Civil Procedure Application / Interlocutory Application Transfer Application Determination

Legal Issues

  1. 1 Whether the Supreme Court should transfer these proceedings to the Land and Environment Court under s 149B of the Civil Procedure Act 2005 (NSW)
  2. 2 Whether the proceedings have been commenced for an improper purpose amounting to an abuse of the processes of the Court
  3. 3 Whether the plaintiffs have standing to represent or bring claims on behalf of the Owners Corporation

Ratio Decidendi

The application for transfer under s 149B was dismissed because the principal and predominant purpose of the proceedings in this Court was not to seek substantive relief but to confer jurisdiction on the Land and Environment Court. Such use constitutes an abuse of process. Even if it were not an abuse, it is not shown that it is more appropriate for the proceedings to be heard by the L&E Court, given the specialist competence of this Division and the discrete nature of the issues.

Court Disposition

Application for transfer dismissed. Directions made for further steps, hearing fixed.

Orders

  • The application for relief in prayer 11 of the Summons is dismissed.
  • The balance of the Summons and the Cross-Summons are fixed for hearing before the Court commencing 22 July 2024.