Ashworth v Terrill [2019] NSWSC 1432

Ashworth v Terrill [2019] NSWSC 1432

The motion to transfer is dismissed because the proceedings are ready to proceed in their current division, the issues are sufficiently distinct to warrant separate management, transferring would cause delay, wasted preparation and costs, and the Court is competent to determine the matters without referral to the Real Property List.

Jurisdiction
Australia
Judgment Date
17 October 2019
Procedural Posture
Civil Motion / Motion to Transfer Proceedings
Outcome
motion dismissed
Legal Topics
['consolidation of Proceedings' 'transfer to Equity Division' 'procedural Fairness' 'certiorari' 'administrative Law']
['civil Procedure' 'real Property'] ['consolidation of Proceedings' 'transfer to Equity Division' 'procedural Fairness' 'certiorari' 'administrative Law']

Case Brief

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Procedural Posture

Civil Motion / Motion to Transfer Proceedings

Legal Issues

  1. 1 ['Whether proceedings should be transferred from the Common Law Division to the Real Property List in the Equity Division' 'Whether overlap between the two cases justifies transfer' 'Whether proceedings were properly commenced in their present division']

Ratio Decidendi

The motion to transfer is dismissed because the proceedings are ready to proceed in their current division, the issues are sufficiently distinct to warrant separate management, transferring would cause delay, wasted preparation and costs, and the Court is competent to determine the matters without referral to the Real Property List.

Court Disposition

motion dismissed

Orders

  • ['Motion filed today is dismissed.' "First defendant to pay plaintiffs' costs of and incidental to the motion."]