Simpson & anor trading as Almar Pioneer Interiors v Griffiths [2018] NSWSC 1010

It is appropriate to stay the Local Court proceedings because the plaintiffs have an arguable case that the Magistrate erred in refusing to transfer the matter under s 48L of the Home Building Act 1989 (NSW), and if so, the Local Court would lack jurisdiction to proceed.

Jurisdiction: Australia
Judgment Date: 28 June 2018
Procedural Posture: Interlocutory Application / Application for Stay Pending Appeal
Outcome: Stay granted; costs reserved.
Legal Topics: ['stay of Proceedings' 'jurisdiction' 'transfer of Proceedings' 'home Building Act']

['civil Procedure' 'building and Construction'] ['stay of Proceedings' 'jurisdiction' 'transfer of Proceedings' 'home Building Act']

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Procedural Posture

Interlocutory Application / Application for Stay Pending Appeal

Legal Issues

1 ['Whether the Local Court proceedings should be stayed pending determination of the appeal regarding transfer to the Tribunal under s 48L of the Home Building Act 1989 (NSW)']

Ratio Decidendi

Court Disposition

Stay granted; costs reserved.

Orders

["The hearing of the merits of the plaintiffs' claim in proceedings identified as Margaret Anne Griffiths against Mark Allan Simpson and Rhoda Mary Simpson both trading as Almar Pioneer Interiors (ref 2017/00097003) listed in the Local Court at Hornsby on 29 June 2018 is stayed until further order of this Court."...