BHAGAT v MURPHY & ORS [2002] NSWSC 324

BHAGAT v MURPHY & ORS [2002] NSWSC 324

Section 88 of the Supreme Court Act 1970 does not limit the Court's power to hear and determine strike out or stay applications under Part 13 Rule 5 of the Supreme Court Rules. All outstanding applications in the matter are to be transferred to the Equity Division.

Jurisdiction
Australia
Judgment Date
26 March 2002
Procedural Posture
Civil / Interlocutory Application; Transfer of Proceedings
Outcome
Applications refused; proceedings transferred to the Equity Division.
Legal Topics
['strike Out Applications' 'jurisdiction' 'transfer of Proceedings']
['civil Procedure'] ['strike Out Applications' 'jurisdiction' 'transfer of Proceedings']

Case Brief

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Procedural Posture

Civil / Interlocutory Application; Transfer of Proceedings

Legal Issues

  1. 1 ['Whether the Supreme Court has jurisdiction to entertain a strike out application in light of section 88 of the Supreme Court Act 1970' 'Whether certain motions should be heard only by the Chief Justice' 'Whether proceedings should be dismissed, stayed, or transferred']

Ratio Decidendi

Section 88 of the Supreme Court Act 1970 does not limit the Court's power to hear and determine strike out or stay applications under Part 13 Rule 5 of the Supreme Court Rules. All outstanding applications in the matter are to be transferred to the Equity Division.

Court Disposition

Applications refused; proceedings transferred to the Equity Division.

Orders

  • ['Applications for striking out dismissed.' 'All outstanding applications transferred to the Equity Division of the Court.' 'No order as to costs of this notice of motion.']