Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25:

1. PAYNE JA: Today, 25 June 2025, the present matter came before me in the Common Law Division. The plaintiff on the summons Edwin Borg Enterprises Pty Ltd ("Edwin Borg") sought orders transferring proceedings which had been commenced by the defendant Twin Creek Consulting Pty Ltd ("Twin Creek") in the Local Court of New South Wales to the Supreme Court.

2. There is a lengthy procedural history between these parties. It may shortly be summarised as follows:

1) Mr Youssif Safi and a company of which he director, Twin Creek, were in commercial arrangement with Edwin Borg to provide services pursuant to an agreement wherein Edwin Borg agreed to pay a commission on certain sales.

2) After the end of the relationship between Mr Safi and Twin Creek on the one hand, and Edwin Borg on the other, Twin Creek commenced proceedings in the Local Court against Edwin Borg seeking payment of what it said was unpaid commission. Edwin Borg, in its defence, claimed a set off and denied any liability to pay Twin Creek.

3) A cross claim was filed by Edwin Borg, initially against Twin Creek only, seeking relief which, at least in part, was alleged could not be granted by the Local Court. In circumstances which are not presently relevant, Mr Safi was added to the cross claim and, prior to today's hearing, Edwin Borg notified Twin Creek and Mr Safi of substantial proposed amendments to the cross claim.

4) There is a lengthy history of disputation between the parties, the details of which I will not seek to record here. The parties this morning agreed that the matter should be transferred to the Supreme Court and, following a short adjournment, agreed that it was appropriate that the matter be adjourned to the Expedition List.

5) Twin Creek and Mr Safi also consented to leave being granted to file the amended cross claim in the proceedings as transferred and to their filing a defence to that cross claim within a short period.

6) Finally, the parties agreed that it was appropriate that, given the relatively small amount of money involved on both sides, that directions be made to facilitate a mediation between the parties.

3. Accordingly, I made the following orders:

1) Local Court of New South Wales proceeding 2024/00159266 is transferred to the Supreme Court of New South Wales, Equity Division.

2) The pleadings in Local Court of New South Wales proceeding 2024/00159266 stand as pleadings in the Supreme Court of New South Wales.

3) The Plaintiff has leave to file and serve a First Cross-Claim Amended Statement of Cross Claim in the form of MFI-1 handed to the Court on 25 June 2025 by 4pm on 26 June 2025.

4) The Defendants to file and serve defence to the First Cross-Claim Amended Statement of Cross Claim, filed and served in accordance with Order 3 above, by 4pm on 3 July 2025.

5) The Defendants' Notice of Motion filed 17 October 2024 in Local Court of New South Wales proceeding 2024/00159266 is dismissed.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197a56a67dcb324940e38ed7)

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