P.J. Robinson Pty Ltd v Adam Cook [2007] NSWLC 10

P.J. Robinson Pty Ltd v Adam Cook [2007] NSWLC 10

The applicant's motion is dismissed because the balance of convenience does not support a transfer: relevant witnesses are assessors from insurance companies, proceedings at the Downing Centre provide more timely hearings, and both party solicitors are in Sydney. There is no evidence the registrar erred or that another venue would lead to a more just, efficient or convenient outcome.

Parties
Plaintiff/respondent: P.J. Robinson Pty Ltd; Defendant/applicant: Adam Cook
Jurisdiction
Australia
Judgment Date
15 June 2007
Procedural Posture
Civil / Application for Change of Venue; Review of Registrar's Decision
Outcome
Applicant's motion dismissed
Legal Topics
Change of Venue, Balance of Convenience, Practice and Procedure
Civil Procedure Change of Venue Balance of Convenience Practice and Procedure

Case Brief

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Parties

P.J. Robinson Pty Ltd

Plaintiff/respondent

Adam Cook

Defendant/applicant

Procedural Posture

Civil / Application for Change of Venue; Review of Registrar's Decision

Legal Issues

  1. 1 Whether the proceedings should be transferred from the Downing Centre to Kogarah Local Court
  2. 2 Appropriate application of r 44.1 of Uniform Civil Procedure Rules
  3. 3 Whether balance of convenience favours a change of venue

Ratio Decidendi

The applicant's motion is dismissed because the balance of convenience does not support a transfer: relevant witnesses are assessors from insurance companies, proceedings at the Downing Centre provide more timely hearings, and both party solicitors are in Sydney. There is no evidence the registrar erred or that another venue would lead to a more just, efficient or convenient outcome.

Court Disposition

Applicant's motion dismissed

Orders

  • Venue to remain at Downing Centre
  • No order as to costs (pending hearing on costs)