Reedman v Rochaix [2015] NSWSC 615

The transfer of proceedings is appropriate pursuant to s 141 Civil Procedure Act 2005 (NSW), and existing costs orders sufficiently protect defendants; conditional costs orders sought by defendants are unnecessary.

Parties: Plaintiff: Donald Leslie Reedman; First Defendant: Jason Matthew Rochaix, Arundale Jakeman Johnstone and Jeffrey Dennis Pails trading as Page, Harrison & Co; Second Defendant: Jeffrey Dennis Pails
Jurisdiction: Australia
Judgment Date: 18 May 2015
Procedural Posture: Transfer Application / Ex Tempore Judgment on Transfer and Costs
Outcome: Transfer ordered; parties to bear own costs of summons
Legal Topics: Transfer of Proceedings, Costs Orders, Professional Negligence

Civil Procedure Transfer of Proceedings Costs Orders Professional Negligence

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Parties

Donald Leslie Reedman

Plaintiff

Jason Matthew Rochaix, Arundale Jakeman Johnstone and Jeffrey Dennis Pails trading as Page, Harrison & Co

First Defendant

Jeffrey Dennis Pails

Second Defendant

Procedural Posture

Transfer Application / Ex Tempore Judgment on Transfer and Costs

Legal Issues

1 Whether proceedings should be transferred from District Court to Supreme Court under s 141 of Civil Procedure Act 2005 (NSW)
2 Whether conditional costs orders should be made in relation to the transfer

Ratio Decidendi

Court Disposition

Transfer ordered; parties to bear own costs of summons

Orders

District Court proceedings 2013/196218 transferred to Supreme Court of New South Wales, Common Law Division, Professional Negligence List
Each party must pay their own costs of this summons