Leslaighter v Beck & Ors [2002] NSWSC 1017

Leslaighter v Beck & Ors [2002] NSWSC 1017

Because there was a serious possibility that the plaintiff would recover a verdict in excess of $750,000, order 1 in the summons was made. On costs, although the plaintiff had a proper basis to move the proceedings into the Supreme Court, the plaintiff's additional request to transfer the matter back to the District Court caused unnecessary costs, including briefing counsel; weighing those considerations, the Court made no order as to costs so each side would bear their own costs.

Jurisdiction
Australia
Judgment Date
24 October 2002
Procedural Posture
Costs; Transfer of Proceedings / Summons Filed on 18 October 2002 Heard on 24 October 2002
Outcome
Order 1 in the summons filed on 18 October 2002 was made; no order as to costs.
Legal Topics
['transfer of Proceedings From the District Court to the Supreme Court' 'costs of Summons' 'district Court Jurisdiction']
['civil Procedure' 'costs'] ['transfer of Proceedings From the District Court to the Supreme Court' 'costs of Summons' 'district Court Jurisdiction']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs; Transfer of Proceedings / Summons Filed on 18 October 2002 Heard on 24 October 2002

Legal Issues

  1. 1 ['Whether the proceedings should be transferred into the Supreme Court where there was a serious possibility the plaintiff would recover a verdict in excess of $750,000.' 'Whether the costs of the summons should be costs in the cause, paid by the plaintiff, or the subject of no order where the plaintiff also sought but did not press a transfer back to the District Court.']

Ratio Decidendi

Because there was a serious possibility that the plaintiff would recover a verdict in excess of $750,000, order 1 in the summons was made. On costs, although the plaintiff had a proper basis to move the proceedings into the Supreme Court, the plaintiff's additional request to transfer the matter back to the District Court caused unnecessary costs, including briefing counsel; weighing those considerations, the Court made no order as to costs so each side would bear their own costs.

Court Disposition

Order 1 in the summons filed on 18 October 2002 was made; no order as to costs.

Orders

  • ['Order 1 in the summons filed on 18 October 2002 made.' 'No order as to costs, with the intent that each side bear their own costs.']