ABC by her tutor DEF v AI; ABC by her tutor DEF v Irmak [2023] NSWSC 825

Due to the significant factual cross-over, identical pleadings, and the need for the same witnesses, it is desirable and in the interests of justice to hear the proceedings together in accordance with r 28.5 of the UCPR. Hearing them together will also avoid the risk of inconsistent judgments.

Parties: Plaintiff: ABC by her tutor DEF; First Defendant: AI; Second Defendant: Ruhi Dagdanasar; Defendant (in 2022/220365): Recep Irmak
Jurisdiction: Australia
Judgment Date: 13 July 2023
Procedural Posture: Civil / Procedural Ruling on Consolidation of Proceedings
Outcome: Application for consolidation granted
Legal Topics: Consolidation of Proceedings, Case Management

Civil Procedure Consolidation of Proceedings Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

ABC by her tutor DEF

Plaintiff

First Defendant

Ruhi Dagdanasar

Second Defendant

Recep Irmak

Defendant (in 2022/220365)

Procedural Posture

Civil / Procedural Ruling on Consolidation of Proceedings

Legal Issues

1 Whether proceedings 2020/248409 and 2022/220365 should be consolidated and heard together
2 Whether there is sufficient factual and legal overlap to warrant consolidation under r 28.5 of the UCPR

Ratio Decidendi

Court Disposition

Application for consolidation granted

Orders

Each of the two proceedings numbered 2020/248409 and 2022/220365 be heard together pursuant to r 28.5 of the UCPR.
The evidence in each of those two proceedings is evidence in the other proceeding.