Bay Street Finance Pty Ltd v Rippon [2013] NSWLEC 202

Bay Street Finance Pty Ltd v Rippon [2013] NSWLEC 202

Because related proceedings were pending in the Supreme Court, and the proceedings in both courts arose from the same agreements, defaults and other facts and raised the same issues, it was more appropriate for the Land and Environment Court proceedings to be transferred to the Supreme Court and heard together with the related Supreme Court proceedings under s 149B of the Civil Procedure Act 2005.

Jurisdiction
Australia
Judgment Date
28 November 2013
Procedural Posture
Class 2 Application for Transfer of Proceedings Concerning Extension of a Caveat in Relation to a Water Access Licence / Ex Tempore Judgment on Consent Application for Transfer to the Supreme Court of New South Wales
Outcome
Proceedings transferred by consent to the Supreme Court of New South Wales to be heard together with related Supreme Court proceedings, subject to any further order of the Supreme Court.
Legal Topics
['transfer of Proceedings' 'related Proceedings' 'caveat Over Water Access Licence' 'jurisdiction of the Land and Environment Court and Supreme Court']
['practice and Procedure' 'land and Environment' 'water Management'] ['transfer of Proceedings' 'related Proceedings' 'caveat Over Water Access Licence' 'jurisdiction of the Land and Environment Court and Supreme Court']

Case Brief

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Procedural Posture

Class 2 Application for Transfer of Proceedings Concerning Extension of a Caveat in Relation to a Water Access Licence / Ex Tempore Judgment on Consent Application for Transfer to the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether proceedings in the Land and Environment Court should be transferred to the Supreme Court of New South Wales and heard together with related Supreme Court proceedings pursuant to s 149B of the Civil Procedure Act 2005.' 'Whether there were related proceedings pending in the Supreme Court and whether it was more appropriate for the Land and Environment Court proceedings to be heard together with them in the Supreme Court.']

Ratio Decidendi

Because related proceedings were pending in the Supreme Court, and the proceedings in both courts arose from the same agreements, defaults and other facts and raised the same issues, it was more appropriate for the Land and Environment Court proceedings to be transferred to the Supreme Court and heard together with the related Supreme Court proceedings under s 149B of the Civil Procedure Act 2005.

Court Disposition

Proceedings transferred by consent to the Supreme Court of New South Wales to be heard together with related Supreme Court proceedings, subject to any further order of the Supreme Court.

Orders

  • ['By consent, pursuant to s 149B of the Civil Procedure Act 2005 these proceedings be transferred to the Supreme Court of New South Wales and, subject to any further order of the Supreme Court, be heard together with proceedings 2013/356753 commenced by the applicant against the respondents in the Supreme Court on...