Hartley v Envisage Construction and Design Pty Ltd [2020] NSWSC 1303

Hartley v Envisage Construction and Design Pty Ltd [2020] NSWSC 1303

Given the material before the Court, there is a realistic chance that the plaintiff, if successful, will recover an amount in excess of the District Court’s jurisdictional limit ($750,000), justifying the transfer to the Supreme Court under s 140 of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
24 September 2020
Procedural Posture
Application for Transfer of Proceedings / Interlocutory Application
Outcome
Application granted; proceedings transferred to Supreme Court.
Legal Topics
['transfer of Proceedings' 'jurisdictional Limit' 'personal Injury']
['civil Procedure'] ['transfer of Proceedings' 'jurisdictional Limit' 'personal Injury']

Case Brief

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Procedural Posture

Application for Transfer of Proceedings / Interlocutory Application

Legal Issues

  1. 1 ['Whether proceedings should be transferred from District Court to Supreme Court under s 140 of the Civil Procedure Act 2005 (NSW)' 'Whether there is a realistic chance that plaintiff, if successful, will recover sum in excess of $750,000 (District Court jurisdictional limit)']

Ratio Decidendi

Given the material before the Court, there is a realistic chance that the plaintiff, if successful, will recover an amount in excess of the District Court’s jurisdictional limit ($750,000), justifying the transfer to the Supreme Court under s 140 of the Civil Procedure Act 2005 (NSW).

Court Disposition

Application granted; proceedings transferred to Supreme Court.

Orders

  • ['Pursuant to s 140 of the Civil Procedure Act 2005 (NSW), District Court proceedings number 2018/9624 be transferred to the Supreme Court of New South Wales.' 'Costs of this summons are to be costs in the cause of the primary proceedings.']