Romanos v Punjabi Fusion Group Pty Ltd [2023] NSWSC 1516

Romanos v Punjabi Fusion Group Pty Ltd [2023] NSWSC 1516

To avoid conflicting factual findings in divided trials, the referred issues should be determined by the judge who previously addressed relevant interlocutory matters (Schmidt AJ), and the hearing is therefore specially fixed before her.

Parties
Plaintiff: Joseph John Romanos; First Defendant: Punjabi Fusion Group Pty Ltd; Second Defendant: Maninder Kaur Luthra; Third Defendant: Kamaldeep Singh
Jurisdiction
Australia
Judgment Date
05 December 2023
Procedural Posture
Possession List Proceedings / Procedural Directions Hearing; Specific Issues Fixed for Hearing
Outcome
Issues for determination are specially fixed for hearing; liberty to apply granted.
Legal Topics
Division of Issues for Determination, Risk of Conflicting Factual Findings, Possession of Premises, Effect of Heads of Agreement, Transfer to NCAT
Civil Procedure Division of Issues for Determination Risk of Conflicting Factual Findings Possession of Premises Effect of Heads of Agreement Transfer to NCAT

Case Brief

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Parties

Joseph John Romanos

Plaintiff

Punjabi Fusion Group Pty Ltd

First Defendant

Maninder Kaur Luthra

Second Defendant

Kamaldeep Singh

Third Defendant

Procedural Posture

Possession List Proceedings / Procedural Directions Hearing; Specific Issues Fixed for Hearing

Legal Issues

  1. 1 Whether the Heads of Agreement is legally effective or a lease
  2. 2 Whether Mr Romanos is entitled to possession
  3. 3 Whether the proceedings should be transferred to NCAT

Ratio Decidendi

To avoid conflicting factual findings in divided trials, the referred issues should be determined by the judge who previously addressed relevant interlocutory matters (Schmidt AJ), and the hearing is therefore specially fixed before her.

Court Disposition

Issues for determination are specially fixed for hearing; liberty to apply granted.

Orders

  • The issues referred for determination pursuant to order 4 made by Davies J on 27 October 2023 are specially fixed for hearing before Schmidt AJ on 5 and 6 February 2024.
  • Liberty to apply to Lonergan J (or alternatively the duty judge) on 2 days' notice.