Singh v Fobubu Pty Ltd; Singh v Khan [2018] NSWSC 1817

Singh v Fobubu Pty Ltd; Singh v Khan [2018] NSWSC 1817

The applications for interim stays in both proceedings were refused because there was little utility in granting a stay, substantial potential prejudice to the defendants if a stay were granted, and no demonstrable prejudice to the plaintiff if refused. The Tribunal proceedings should be allowed to continue. Costs were ordered against the plaintiff in line with the general rule that costs follow the event.

Parties
Plaintiff: Gurjit Singh; Defendant: Fobubu Pty Ltd; First Defendant: Ghulam Akbar Khan; Second Defendant: Samina Khan
Jurisdiction
Australia
Judgment Date
27 November 2018
Procedural Posture
Civil / Interlocutory Application for Interim Stay and Costs Order
Outcome
Applications for interim stays refused; plaintiff to pay defendants' costs of the applications.
Legal Topics
Interim Stay, Leave to Appeal, Costs, Residential Tenancy, Retail Tenancy
Civil Procedure Interim Stay Leave to Appeal Costs Residential Tenancy Retail Tenancy

Case Brief

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Parties

Gurjit Singh

Plaintiff

Fobubu Pty Ltd

Defendant

Ghulam Akbar Khan

First Defendant

Samina Khan

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Interim Stay and Costs Order

Legal Issues

  1. 1 Whether plaintiff should be granted an interim stay of proceedings in the NSW Civil and Administrative Tribunal pending determination of Supreme Court proceedings
  2. 2 Whether there is sufficient prejudice to the plaintiff to warrant a stay
  3. 3 Appropriateness of costs orders after refusal of stay

Ratio Decidendi

The applications for interim stays in both proceedings were refused because there was little utility in granting a stay, substantial potential prejudice to the defendants if a stay were granted, and no demonstrable prejudice to the plaintiff if refused. The Tribunal proceedings should be allowed to continue. Costs were ordered against the plaintiff in line with the general rule that costs follow the event.

Court Disposition

Applications for interim stays refused; plaintiff to pay defendants' costs of the applications.

Orders

  • In proceedings 2018/348479: refuse the plaintiff's application for an interim stay; order that the plaintiff pay the defendant's costs of the application.
  • In proceedings 2018/278850: refuse the plaintiff's application for an interim stay; order that the plaintiff pay the defendants' costs of the application.