CP Design & Marketing v Samuel [2012] NSWDC 80

CP Design & Marketing v Samuel [2012] NSWDC 80

Although the Local Court had transferred the proceedings from Sydney to Albury for convenience and Albury might be preferable for hearing, it was premature to determine the hearing venue before affidavits and expert evidence were served. The matter should remain in the Sydney Registry for the time being. The ordinary costs rule applied, so the plaintiff was ordered to pay the defendant's costs thrown away by reason of the amendments.

Jurisdiction
Australia
Judgment Date
04 May 2012
Procedural Posture
Interlocutory Applications / Summons Dated 2 April 2012 Seeking Transfer of Local Court Proceedings and Leave to Amend Pleadings
Outcome
Orders 1, 2 and 3 of the summons dated 2 April 2012 made, with costs and leave orders.
Legal Topics
['transfer of Proceedings From Local Court' 'venue' 'amendment of Pleadings' 'costs Thrown Away']
['civil Procedure'] ['transfer of Proceedings From Local Court' 'venue' 'amendment of Pleadings' 'costs Thrown Away']

Case Brief

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Procedural Posture

Interlocutory Applications / Summons Dated 2 April 2012 Seeking Transfer of Local Court Proceedings and Leave to Amend Pleadings

Legal Issues

  1. 1 ['Whether the proceedings should remain in the Sydney Registry or be changed to Albury as a condition of transfer from the Local Court.' "Whether the plaintiff should pay the defendant's costs thrown away by reason of amendments to the statement of claim and defence to the cross-claim." 'Whether the defendant should have leave to file and serve a defence to the amended statement of claim.']

Ratio Decidendi

Although the Local Court had transferred the proceedings from Sydney to Albury for convenience and Albury might be preferable for hearing, it was premature to determine the hearing venue before affidavits and expert evidence were served. The matter should remain in the Sydney Registry for the time being. The ordinary costs rule applied, so the plaintiff was ordered to pay the defendant's costs thrown away by reason of the amendments.

Court Disposition

Orders 1, 2 and 3 of the summons dated 2 April 2012 made, with costs and leave orders.

Orders

  • ['Orders 1, 2 and 3 of the summons of 2 April 2012 made.' "The plaintiff is to pay the defendant's costs thrown away by reason of the amendments to the statement of claim and the defence to the cross-claim." 'The defendant has leave to file and serve a defence to the amended statement of claim on or before 25 May...