Singh v Khan; Singh v Fobupu Pty Ltd [2019] NSWSC 485

Singh v Khan; Singh v Fobupu Pty Ltd [2019] NSWSC 485

There is no change in circumstances; matters still ongoing in the Tribunal create no utility for granting a stay, and consolidation is inappropriate due to the distinct nature and statutory regimes of the proceedings. Joinder cannot proceed without evidence substantiating involvement.

Parties
Plaintiff: Gurjit Singh; First Defendant: Ghulam Akbar Khan; Second Defendant: Samina Khan; Third Defendant: Fobupu Pty Ltd
Jurisdiction
Australia
Judgment Date
26 April 2019
Procedural Posture
Civil Procedural Ruling / Interlocutory Motions
Outcome
Notices of motion dismissed, proceedings stood over for directions, costs awarded against plaintiff.
Legal Topics
Stay of Proceedings, Consolidation of Proceedings, Joinder of Parties
Civil Procedure Stay of Proceedings Consolidation of Proceedings Joinder of Parties

Case Brief

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Parties

Gurjit Singh

Plaintiff

Ghulam Akbar Khan

First Defendant

Samina Khan

Second Defendant

Fobupu Pty Ltd

Third Defendant

Procedural Posture

Civil Procedural Ruling / Interlocutory Motions

Legal Issues

  1. 1 Should a stay be granted when proceedings are still being heard in the NSW Civil and Administrative Tribunal?
  2. 2 Should Supreme Court proceedings be consolidated when Tribunal has dealt with them separately?
  3. 3 Should a party be joined to appeal when no evidence is substantiated?

Ratio Decidendi

There is no change in circumstances; matters still ongoing in the Tribunal create no utility for granting a stay, and consolidation is inappropriate due to the distinct nature and statutory regimes of the proceedings. Joinder cannot proceed without evidence substantiating involvement.

Court Disposition

Notices of motion dismissed, proceedings stood over for directions, costs awarded against plaintiff.

Orders

  • In proceedings No 2018/278850 the notices of motion filed 15 October 2018, 21 November 2018 and 20 December 2018 are dismissed.
  • In proceedings No 2018/348479 the notice of motion filed 21 November 2018 is dismissed.