Kostov v St Vincent de Paul Housing Trading as Amelie Housing and Anor; Kostov v St Vincent de Paul Housing trading as Amelie Housing [2018] NSWSC 1581

Kostov v St Vincent de Paul Housing Trading as Amelie Housing and Anor; Kostov v St Vincent de Paul Housing trading as Amelie Housing [2018] NSWSC 1581

The proper defendant in the proceedings should be Amelie Housing ACN 103181700, not St Vincent de Paul Housing trading as Amelie Housing. Women's and Girls' Emergency Centre Inc should be removed as a party in the Local Court appeal. The summonses are defective for not specifying the requisite questions of law, and the plaintiff has procedural duties to the Court which have not been fulfilled. Orders are made to substitute and remove parties, set timetables for steps in the proceedings, and to award costs to the defendants for wasted appearances and preparation.

Jurisdiction
Australia
Judgment Date
18 October 2018
Procedural Posture
Statutory Appeals and Interlocutory Applications / Procedural Ruling—directions, Substitution of Parties, Costs Orders
Outcome
Orders for substitution and removal of parties granted; further procedural orders made; costs orders made against plaintiff; liberty to apply.
Legal Topics
['appeals From Ncat' 'appeals From Local Court' 'tenancy Disputes' 'substitution and Removal of Parties' 'costs Orders' 'procedural Obligations of Litigants']
['civil Procedure'] ['appeals From Ncat' 'appeals From Local Court' 'tenancy Disputes' 'substitution and Removal of Parties' 'costs Orders' 'procedural Obligations of Litigants']

Case Brief

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Procedural Posture

Statutory Appeals and Interlocutory Applications / Procedural Ruling—directions, Substitution of Parties, Costs Orders

Legal Issues

  1. 1 ['Whether the correct defendant was named in the appeals from NCAT and the Local Court' 'Whether parties should be substituted or removed' 'Whether the plaintiff fulfilled her procedural obligations under s.56 Civil Procedure Act 2005' 'Whether leave to appeal should be granted from interlocutory and final decisions' 'Whether the summonses were compliant with procedural rules']

Ratio Decidendi

The proper defendant in the proceedings should be Amelie Housing ACN 103181700, not St Vincent de Paul Housing trading as Amelie Housing. Women's and Girls' Emergency Centre Inc should be removed as a party in the Local Court appeal. The summonses are defective for not specifying the requisite questions of law, and the plaintiff has procedural duties to the Court which have not been fulfilled. Orders are made to substitute and remove parties, set timetables for steps in the proceedings, and to award costs to the defendants for wasted appearances and preparation.

Court Disposition

Orders for substitution and removal of parties granted; further procedural orders made; costs orders made against plaintiff; liberty to apply.

Orders

  • ["In each proceeding, substitute 'Amelie Housing ACN 103181700' as defendant in place of 'St Vincent de Paul Housing trading as Amelie Housing'." "Remove 'Women's and Girls' Emergency Centre Incorporated' as defendant in the Local Court appeal." 'Plaintiff granted leave to file and serve Amended Summonses by 5.00 pm...