Dawson v James Henry t/as Mainline Contracting and Anor [2021] NSWSC 1258

Dawson v James Henry t/as Mainline Contracting and Anor [2021] NSWSC 1258

The Court was satisfied, based on the plaintiff's schedule of damages and supporting medical evidence, that it was likely the award would exceed the District Court jurisdictional limit and ordered transfer to the Supreme Court pursuant to s 140 of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
27 September 2021
Procedural Posture
Personal Injury Claim / Transfer Application Decision
Outcome
Proceedings transferred to the Supreme Court; directions set; costs in the cause.
Legal Topics
['jurisdiction' 'transfer of Proceedings' 'personal Injury']
['civil Procedure'] ['jurisdiction' 'transfer of Proceedings' 'personal Injury']

Case Brief

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Procedural Posture

Personal Injury Claim / Transfer Application Decision

Legal Issues

  1. 1 ['Whether the proceedings should be transferred from the District Court to the Supreme Court pursuant to s 140 of the Civil Procedure Act 2005 (NSW)' 'Whether the amount to be awarded to the plaintiff, if successful, is likely to exceed the jurisdictional limit of the District Court']

Ratio Decidendi

The Court was satisfied, based on the plaintiff's schedule of damages and supporting medical evidence, that it was likely the award would exceed the District Court jurisdictional limit and ordered transfer to the Supreme Court pursuant to s 140 of the Civil Procedure Act 2005 (NSW).

Court Disposition

Proceedings transferred to the Supreme Court; directions set; costs in the cause.

Orders

  • ['Proceedings 2019/00372446 issued in the District Court of New South Wales at Sydney are transferred to the Supreme Court of New South Wales at Sydney pursuant to s 140(1) and (3)(b)(i) of the Civil Procedure Act 2005 (NSW).' 'Matter listed for directions before the Registrar on 7 October 2021.' 'Costs of the...