Joseph Lando v Rawlinson & Brown Pty Ltd [2017] NSWSC 328

Joseph Lando v Rawlinson & Brown Pty Ltd [2017] NSWSC 328

Despite differences in the nature and timing of the agreements underlying the District and Supreme Court proceedings, there is a sufficient connection in the facts and parties and a common history to justify hearing the matters together or contiguously in the interests of justice, expedition and cost-saving. Accordingly, transfer and joinder orders are appropriate.

Jurisdiction
Australia
Judgment Date
31 March 2017
Procedural Posture
Notice of Motion / Procedural Ruling on Interlocutory Application
Outcome
Motion granted
Legal Topics
['transfer of Proceedings' 'joinder of Parties' 'equitable Set Off' 'consolidation of Proceedings']
['civil Procedure'] ['transfer of Proceedings' 'joinder of Parties' 'equitable Set Off' 'consolidation of Proceedings']

Case Brief

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Procedural Posture

Notice of Motion / Procedural Ruling on Interlocutory Application

Legal Issues

  1. 1 ['Whether District Court proceedings between Rawlinson & Brown and Mr Lando should be transferred to the Supreme Court and heard with the existing proceedings there' 'Whether Ms Sylvia Lando should be joined as plaintiff to both proceedings']

Ratio Decidendi

Despite differences in the nature and timing of the agreements underlying the District and Supreme Court proceedings, there is a sufficient connection in the facts and parties and a common history to justify hearing the matters together or contiguously in the interests of justice, expedition and cost-saving. Accordingly, transfer and joinder orders are appropriate.

Court Disposition

Motion granted

Orders

  • ['The proceedings in the District Court, between Rawlinson & Brown and Mr Lando, being proceedings number 2016/199969, be transferred to the Supreme Court' 'Ms Sylvia Lando is joined as a plaintiff to both proceedings' 'Both proceedings be listed before the Registrar on Monday 3 April for directions' 'Costs be costs...