Donnelly v Saunders [2013] NSWSC 136
Removal of the District Court proceedings to the Supreme Court would delay their resolution and increase costs for Mr Saunders without identified prejudice to the applicants; no sufficient factual or procedural overlap to justify transfer under s 140(1) of the Civil Procedure Act 2005.
- Parties
- First Plaintiff: Chrisopher Peter Donnelly; Second Plaintiff: Mark Rodney Bissaker; Defendant: Keith Charles Saunders
- Jurisdiction
- Australia
- Judgment Date
- 01 March 2013
- Procedural Posture
- Application for Transfer of Proceedings / Interlocutory Decision
- Outcome
- Application dismissed with costs
- Legal Topics
- Transfer of Proceedings, Overriding Purpose, Issue Estoppel, Contribution, Professional Negligence
Case Brief
Summary, issues, holding and outcome
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Parties
Chrisopher Peter Donnelly
First Plaintiff
Mark Rodney Bissaker
Second Plaintiff
Keith Charles Saunders
Defendant
Procedural Posture
Application for Transfer of Proceedings / Interlocutory Decision
Legal Issues
- 1 Whether District Court proceedings should be transferred to the Supreme Court under s 140(1) Civil Procedure Act 2005
- 2 Whether all matters arising out of related facts should be heard at one time
- 3 Whether transfer would satisfy the s 56 overriding purpose
Ratio Decidendi
Removal of the District Court proceedings to the Supreme Court would delay their resolution and increase costs for Mr Saunders without identified prejudice to the applicants; no sufficient factual or procedural overlap to justify transfer under s 140(1) of the Civil Procedure Act 2005.
Court Disposition
Application dismissed with costs
Orders
- Summons filed 13 February 2013 dismissed with costs
Full Case Text
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