Malik v National Australia Bank [2024] NSWSC 1003

Malik v National Australia Bank [2024] NSWSC 1003

Given NAB's cross-claim for possession and the state of the pleadings, the overriding purpose and fairness to both parties are better achieved by transferring the proceedings to the Common Law Division and entering them in the Possession List for judicial case management, which is not available in the General List of the Equity Division.

Parties
First Plaintiff: Shahid Malik; Second Plaintiff: Ghazala Afzal; Defendant: National Australia Bank
Jurisdiction
Australia
Judgment Date
12 August 2024
Procedural Posture
Civil Procedure Specialist List Transfer / Application for Transfer From Equity Division to Common Law Division (possession List)
Outcome
Application granted; proceedings transferred to Common Law Division (Possession List)
Legal Topics
Specialist Lists, Possession List, Case Management, Transfer of Proceedings
Civil Procedure Specialist Lists Possession List Case Management Transfer of Proceedings

Case Brief

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Parties

Shahid Malik

First Plaintiff

Ghazala Afzal

Second Plaintiff

National Australia Bank

Defendant

Procedural Posture

Civil Procedure Specialist List Transfer / Application for Transfer From Equity Division to Common Law Division (possession List)

Legal Issues

  1. 1 Whether proceedings should be transferred from the Equity Division General List to the Common Law Division Possession List
  2. 2 Whether such transfer would better achieve the overriding purpose under s 56(1) Civil Procedure Act 2005 (NSW)

Ratio Decidendi

Given NAB's cross-claim for possession and the state of the pleadings, the overriding purpose and fairness to both parties are better achieved by transferring the proceedings to the Common Law Division and entering them in the Possession List for judicial case management, which is not available in the General List of the Equity Division.

Court Disposition

Application granted; proceedings transferred to Common Law Division (Possession List)

Orders

  • Transfer these proceedings to the Common Law Division.
  • Direct the proceedings be entered in the Possession List.