Chan v Yip [2014] NSWSC 189

There was no basis to order costs for today other than that they be costs in the cause, and the matter should be transferred to the District Court, as the issues are suited for that jurisdiction and neither party opposed transfer.

Jurisdiction: Australia
Judgment Date: 03 March 2014
Procedural Posture: Interlocutory Application / Order for Transfer and Costs (interlocutory Decision)
Outcome: Proceedings transferred to District Court; costs of today to be costs in the cause; no special order for costs.
Legal Topics: ['costs' 'transfer of Proceedings' 'jurisdiction']

['defamation'] ['costs' 'transfer of Proceedings' 'jurisdiction']

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Procedural Posture

Interlocutory Application / Order for Transfer and Costs (interlocutory Decision)

Legal Issues

1 ["Whether parties' costs should be ordered after resolution of disputes without hearing" 'Whether proceedings should be transferred to the District Court under s 146(1) Civil Procedure Act 2005 (NSW)' 'Whether special order for costs thrown away by commencing in Supreme Court should be made']

Ratio Decidendi

Court Disposition

Proceedings transferred to District Court; costs of today to be costs in the cause; no special order for costs.

Orders

["The parties' costs of today be their costs in the cause." 'Pursuant to s 146(1) of the Civil Procedure Act 2005 (NSW), the proceedings be transferred to the District Court.']