Lim by his tutor Kyung Ae Beak v Cho [2016] NSWSC 432

Lim by his tutor Kyung Ae Beak v Cho [2016] NSWSC 432

The proceedings should be transferred to the District Court as the case does not involve complex legal issues and, although damages are likely to exceed $1 million, complex issues relate mainly to facts and proof rather than law.

Jurisdiction
Australia
Judgment Date
13 April 2016
Procedural Posture
Personal Injury Motor Vehicle Accident / Application for Transfer of Proceedings
Outcome
Application granted; proceedings transferred
Legal Topics
['transfer of Proceedings' 'motor Vehicle Accident' 'assessment of Damages']
['civil Procedure' 'personal Injury'] ['transfer of Proceedings' 'motor Vehicle Accident' 'assessment of Damages']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Personal Injury Motor Vehicle Accident / Application for Transfer of Proceedings

Legal Issues

  1. 1 ['Whether proceedings should be transferred to District Court under s 146 Civil Procedure Act 2005 (NSW)' "Whether plaintiff's damages are likely to exceed $1 million" 'Whether complex legal issues or issues of public importance are raised']

Ratio Decidendi

The proceedings should be transferred to the District Court as the case does not involve complex legal issues and, although damages are likely to exceed $1 million, complex issues relate mainly to facts and proof rather than law.

Court Disposition

Application granted; proceedings transferred

Orders

  • ['Case number 2015/00349365 is transferred to the District Court of New South Wales under s 146 Civil Procedure Act 2005 (NSW)' "Defendant's costs in this application are costs in the cause"]