Mohareb v State of New South Wales [2018] NSWSC 1599

Mohareb v State of New South Wales [2018] NSWSC 1599

The plaintiff has not adduced any evidence that the amounts claimed exceed the jurisdictional limit of the District Court or that there is other sufficient reason for transfer. There are also deficiencies in the amended statement of claim that must be addressed before considering the application to transfer and consolidate proceedings.

Jurisdiction
Australia
Judgment Date
23 October 2018
Procedural Posture
Civil / Interlocutory Application
Outcome
Leave granted to further amend statement of claim; proceedings stood over for directions; no order made on motion; costs reserved; liberty to apply granted.
Legal Topics
['transfer of Proceedings' 'consolidation of Proceedings' 'statement of Claim' 'pleadings']
['civil Procedure'] ['transfer of Proceedings' 'consolidation of Proceedings' 'statement of Claim' 'pleadings']

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Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ['Whether proceedings in the District Court should be transferred to the Supreme Court under s 140 of the Civil Procedure Act 2005 (NSW) and consolidated with the current Supreme Court proceedings.' "Whether the plaintiff's amended statement of claim in the Supreme Court is adequate."]

Ratio Decidendi

The plaintiff has not adduced any evidence that the amounts claimed exceed the jurisdictional limit of the District Court or that there is other sufficient reason for transfer. There are also deficiencies in the amended statement of claim that must be addressed before considering the application to transfer and consolidate proceedings.

Court Disposition

Leave granted to further amend statement of claim; proceedings stood over for directions; no order made on motion; costs reserved; liberty to apply granted.

Orders

  • ['Leave granted to plaintiff to further amend his amended statement of claim by 8 February 2019.' 'Proceedings stood over before Registrar on 11 February 2019 for directions.' "No order on plaintiff's notice of motion filed 9 October 2018." "Costs of and incidental to plaintiff's notice of motion filed 9 October...