Cubrilo v Veljovic [2015] NSWSC 367

Cubrilo v Veljovic [2015] NSWSC 367

Having regard to the plaintiff's evidence and submissions, there is material sufficient to persuade the Court that, if successful, the plaintiff could obtain damages in excess of $750,000; therefore, the proceedings are transferred under s 140 Civil Procedure Act 2005 (NSW). Given lateness and conduct, plaintiff to pay defendant's costs of application and costs thrown away.

Jurisdiction
Australia
Judgment Date
01 April 2015
Procedural Posture
Transfer Application (personal Injury) / Ex Tempore Judgment at Transfer Application Hearing
Outcome
Proceedings transferred to Supreme Court; plaintiff to pay defendant's costs for application and costs thrown away.
Legal Topics
['transfer of Proceedings' 'personal Injury Jurisdictional Limits' 'costs Orders']
['civil Procedure'] ['transfer of Proceedings' 'personal Injury Jurisdictional Limits' 'costs Orders']

Case Brief

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Procedural Posture

Transfer Application (personal Injury) / Ex Tempore Judgment at Transfer Application Hearing

Legal Issues

  1. 1 ['Whether District Court proceedings should be transferred to the Supreme Court under s 140 of Civil Procedure Act 2005 (NSW)' 'Assessment of likelihood that damages will exceed District Court jurisdictional limit ($750,000)' 'Appropriate costs orders given timing and conduct of application']

Ratio Decidendi

Having regard to the plaintiff's evidence and submissions, there is material sufficient to persuade the Court that, if successful, the plaintiff could obtain damages in excess of $750,000; therefore, the proceedings are transferred under s 140 Civil Procedure Act 2005 (NSW). Given lateness and conduct, plaintiff to pay defendant's costs of application and costs thrown away.

Court Disposition

Proceedings transferred to Supreme Court; plaintiff to pay defendant's costs for application and costs thrown away.

Orders

  • ['Under s 140 of Civil Procedure Act 2005 (NSW), District Court proceedings number 2013/246435 are transferred to this Court.' 'The pleadings in the District Court will stand as pleadings in this Court.' "Plaintiff to pay defendant's costs of this application and costs thrown away by reason of need to adjourn...