Majak v Rose (No 2) [2021] NSWSC 610

Majak v Rose (No 2) [2021] NSWSC 610

Given the plaintiff's failure to serve an amended pleading and the similarity of issues raised against the same defendant in both proceedings, it is appropriate to transfer and consolidate the District Court proceedings with those in the Supreme Court, giving the plaintiff a final opportunity to clarify her claims in a consolidated forum.

Parties
Plaintiff: Zofia Bozena Majak; First Defendant: Alan Wesley Rose; Second Defendant: Sheila Jasmin Bebeiro; Third Defendant: Marc Anthony Riviere trading as Riviere Law
Jurisdiction
Australia
Judgment Date
30 April 2021
Procedural Posture
Civil / Procedural Ruling on Consolidation and Transfer
Outcome
Order for transfer and consolidation of proceedings, directions made for future conduct.
Legal Topics
Transfer of Proceedings, Consolidation of Proceedings, Jurisdiction
Civil Procedure Transfer of Proceedings Consolidation of Proceedings Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Zofia Bozena Majak

Plaintiff

Alan Wesley Rose

First Defendant

Sheila Jasmin Bebeiro

Second Defendant

Marc Anthony Riviere trading as Riviere Law

Third Defendant

Procedural Posture

Civil / Procedural Ruling on Consolidation and Transfer

Legal Issues

  1. 1 Whether proceedings in the District Court should be transferred to the Supreme Court
  2. 2 Whether the District Court and Supreme Court proceedings should be consolidated
  3. 3 What directions should be given for pleading in the consolidated proceedings

Ratio Decidendi

Given the plaintiff's failure to serve an amended pleading and the similarity of issues raised against the same defendant in both proceedings, it is appropriate to transfer and consolidate the District Court proceedings with those in the Supreme Court, giving the plaintiff a final opportunity to clarify her claims in a consolidated forum.

Court Disposition

Order for transfer and consolidation of proceedings, directions made for future conduct.

Orders

  • Proceedings No. 2019/00366294 in the District Court of New South Wales, Sydney Registry to be transferred into the Supreme Court pursuant to section 140 of the Civil Procedure Act 2005.
  • All questions of costs with respect to the transferred proceedings reserved.