Dueeasy Pty Limited v Devlin [2014] NSWDC 318

Dueeasy Pty Limited v Devlin [2014] NSWDC 318

It is necessary to amend the originating process to state the abandonment of any excess over the jurisdictional limit for the Local Court to have jurisdiction. Since Dueeasy indicated willingness to amend, and the hearing is imminent in the Local Court, transfer is inappropriate at this stage. The cross-claim should not be transferred while stayed by consent.

Jurisdiction
Australia
Judgment Date
30 June 2014
Procedural Posture
Application/summons / Decision on Application to Transfer Proceedings and Cross Claim From Local Court to District Court
Outcome
Application to transfer proceedings and cross-claim dismissed. Applicants to pay costs.
Legal Topics
['transfer of Proceedings' 'jurisdictional Limits' 'security for Costs' 'amendment to Pleadings']
['civil Procedure'] ['transfer of Proceedings' 'jurisdictional Limits' 'security for Costs' 'amendment to Pleadings']

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Procedural Posture

Application/summons / Decision on Application to Transfer Proceedings and Cross Claim From Local Court to District Court

Legal Issues

  1. 1 ['Whether the proceedings in the Local Court should be transferred to the District Court because the claim exceeds the jurisdictional limit' 'Whether an abandonment of excess in correspondence is sufficient to enliven s 23 of the Civil Procedure Act 2005' 'Whether a cross-claim that is stayed by consent should be transferred to the District Court']

Ratio Decidendi

It is necessary to amend the originating process to state the abandonment of any excess over the jurisdictional limit for the Local Court to have jurisdiction. Since Dueeasy indicated willingness to amend, and the hearing is imminent in the Local Court, transfer is inappropriate at this stage. The cross-claim should not be transferred while stayed by consent.

Court Disposition

Application to transfer proceedings and cross-claim dismissed. Applicants to pay costs.

Orders

  • ['Summons filed 19 June 2014 by Bulldog Civil Engineering Pty Ltd and Brian Devlin dismissed.' 'Bulldog Civil Engineering Pty Ltd and Brian Devlin to pay the costs of the defendants to that summons.']