Behrooz v The Commonwealth of Australia & Ors [2015] NSWSC 478

Behrooz v The Commonwealth of Australia & Ors [2015] NSWSC 478

It is likely that if the plaintiff is successful, damages will exceed the jurisdictional limit of the District Court, and there are otherwise significant legal issues justifying the transfer. Accordingly, the proceedings are ordered to be transferred to the Supreme Court; appropriate costs orders are made.

Parties
Plaintiff: Mehran Behrooz; Defendant: The Commonwealth of Australia; First Cross Defendant: Australasian Correctional Services Pty Ltd; Second Cross Defendant: The Geo Group Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
22 April 2015
Procedural Posture
Transfer of Proceedings / Interlocutory Application for Transfer From District Court to Supreme Court
Outcome
Application for transfer granted; costs orders made; hearing date fixed.
Legal Topics
Transfer of Proceedings, Jurisdictional Limit, Costs Orders
Civil Procedure Transfer of Proceedings Jurisdictional Limit Costs Orders

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Parties

Mehran Behrooz

Plaintiff

The Commonwealth of Australia

Defendant

Australasian Correctional Services Pty Ltd

First Cross Defendant

The Geo Group Australia Pty Ltd

Second Cross Defendant

Procedural Posture

Transfer of Proceedings / Interlocutory Application for Transfer From District Court to Supreme Court

Legal Issues

  1. 1 Whether the proceedings should be transferred from District Court to Supreme Court pursuant to s 140 of the Civil Procedure Act 2005
  2. 2 Whether the damages likely to be awarded would exceed the jurisdictional limit of the District Court
  3. 3 Whether there are otherwise such reasons for hearing the proceedings in the Supreme Court

Ratio Decidendi

It is likely that if the plaintiff is successful, damages will exceed the jurisdictional limit of the District Court, and there are otherwise significant legal issues justifying the transfer. Accordingly, the proceedings are ordered to be transferred to the Supreme Court; appropriate costs orders are made.

Court Disposition

Application for transfer granted; costs orders made; hearing date fixed.

Orders

  • Pursuant to s 140 of the Civil Procedure Act, proceedings number 12/60573 be transferred from the District Court to the Supreme Court of New South Wales.
  • The plaintiff pay the defendant and cross-claimant's costs of the application for transfer, except those costs of the application for transfer incurred on 27 June 2014.