Kesselbacher v Light [1999] NSWSC 24

Kesselbacher v Light [1999] NSWSC 24

The application to transfer the proceedings was refused because evidence demonstrated that a transfer to the District Court at Lismore would significantly delay the hearing, and there was no evidence justifying a transfer to the District Court at Sydney. The interests of expeditious hearing prevailed over locational convenience.

Jurisdiction
Australia
Judgment Date
08 February 1999
Procedural Posture
Civil / Interlocutory Application
Outcome
notice of motion dismissed
Legal Topics
['transfer of Proceedings' 'de Facto Relationships']
['family Law'] ['transfer of Proceedings' 'de Facto Relationships']

Case Brief

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Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ['Whether proceedings should be transferred from the Supreme Court to the District Court at Lismore or Sydney']

Ratio Decidendi

The application to transfer the proceedings was refused because evidence demonstrated that a transfer to the District Court at Lismore would significantly delay the hearing, and there was no evidence justifying a transfer to the District Court at Sydney. The interests of expeditious hearing prevailed over locational convenience.

Court Disposition

notice of motion dismissed

Orders

  • ['The Notice of Motion filed by the defendant on 11 December 1998 is dismissed.' 'The costs of the aforesaid Notice of Motion be costs in the proceedings.']