Hua Shan v Fairfield City Council & Anor [2020] NSWSC 681

Hua Shan v Fairfield City Council & Anor [2020] NSWSC 681

There is a likelihood that the claim will exceed the District Court's jurisdictional limit, supported by additional evidence not before the Registrar. In exercising the discretion under s 140(1) of the Civil Procedure Act 2005 (NSW), and with no opposition from the defendants, the court finds it appropriate to transfer the proceedings to the Supreme Court, with costs in the cause.

Parties
Plaintiff: Hua Shan; First Defendant: Fairfield City Council; Second Defendant: SCO Personnel Experts Pty Ltd
Jurisdiction
Australia
Judgment Date
01 June 2020
Procedural Posture
Application for Review of Registrar's Decision and Transfer of Proceedings / Review of Registrar's Decision and Interlocutory Application
Outcome
Registrar's decision set aside and proceedings transferred to Supreme Court; costs in the cause.
Legal Topics
Transfer of Proceedings, Jurisdictional Limit, Judicial Review of Registrar's Decision, Costs Orders
Civil Procedure Transfer of Proceedings Jurisdictional Limit Judicial Review of Registrar's Decision Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Hua Shan

Plaintiff

Fairfield City Council

First Defendant

SCO Personnel Experts Pty Ltd

Second Defendant

Procedural Posture

Application for Review of Registrar's Decision and Transfer of Proceedings / Review of Registrar's Decision and Interlocutory Application

Legal Issues

  1. 1 Whether proceedings should be transferred from the District Court to the Supreme Court under s 140(1) of the Civil Procedure Act 2005 (NSW)
  2. 2 Whether the claim is likely to exceed the jurisdictional limit of the District Court
  3. 3 Appropriate costs order on transfer application

Ratio Decidendi

There is a likelihood that the claim will exceed the District Court's jurisdictional limit, supported by additional evidence not before the Registrar. In exercising the discretion under s 140(1) of the Civil Procedure Act 2005 (NSW), and with no opposition from the defendants, the court finds it appropriate to transfer the proceedings to the Supreme Court, with costs in the cause.

Court Disposition

Registrar's decision set aside and proceedings transferred to Supreme Court; costs in the cause.

Orders

  • The decision of Registrar Jones of 9 March 2020 is set aside.
  • Pursuant to s 140(1) of the Civil Procedure Act 2005 (NSW), District Court proceedings case number 2018/387903 are transferred to the Supreme Court of New South Wales.