Yakiti Pty Ltd atf the Yakiti Family Trust v Kassem [2020] NSWSC 1873

A sufficient case for transfer to the Corporations List was not made out. Both proceedings were properly commenced in the Commercial List, and the statutory issues can be dealt with by a Commercial List judge. There is no compelling reason to transfer only these proceedings to the Corporations List when related proceedings are managed together.

Jurisdiction: Australia
Judgment Date: 18 December 2020
Procedural Posture: Application / On the Papers; Ruling on Transfer Motion
Outcome: Application to transfer proceedings to the Corporations List dismissed with costs.
Legal Topics: ['transfer of Proceedings' 'case Management' "liquidators' Statutory Powers" 'assignment of Rights']

['civil Procedure' 'corporations'] ['transfer of Proceedings' 'case Management' "liquidators' Statutory Powers" 'assignment of Rights']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application / On the Papers; Ruling on Transfer Motion

Legal Issues

1 ['Whether proceedings commenced in Commercial List should be transferred to the Corporations List' 'Whether issues relating to assignment by liquidators require specialist Corporations List']

Ratio Decidendi

Court Disposition

Application to transfer proceedings to the Corporations List dismissed with costs.

Orders

["The first to sixth defendants' application is dismissed with costs."]