Barnes & Ors trading as Maguire & McInerney Lawyers v Duncan [2019] NSWSC 1264

Barnes & Ors trading as Maguire & McInerney Lawyers v Duncan [2019] NSWSC 1264

The Local Court proceedings arise directly out of completed proceedings in the Supreme Court and are inextricably linked in subject matter and evidence. Transfer is proper to serve the overriding purpose of the Civil Procedure Act for just, quick and cheap resolution. Costs are awarded as the defendant did not appear and the application succeeded.

Jurisdiction
Australia
Judgment Date
19 September 2019
Procedural Posture
Civil / Interlocutory Application for Transfer and Costs
Outcome
Application granted for transfer and costs. Further relief listed for mention.
Legal Topics
['transfer of Proceedings' 'costs']
['civil Procedure'] ['transfer of Proceedings' 'costs']

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Transfer and Costs

Legal Issues

  1. 1 ['Whether Local Court proceedings should be transferred to Supreme Court' 'Whether costs should be ordered in favour of the plaintiff']

Ratio Decidendi

The Local Court proceedings arise directly out of completed proceedings in the Supreme Court and are inextricably linked in subject matter and evidence. Transfer is proper to serve the overriding purpose of the Civil Procedure Act for just, quick and cheap resolution. Costs are awarded as the defendant did not appear and the application succeeded.

Court Disposition

Application granted for transfer and costs. Further relief listed for mention.

Orders

  • ['Proceedings in Local Court (Case No. 2019/217191) commenced by the defendant be transferred to Supreme Court under Section 140 Civil Procedure Act 2005 (NSW).' "Defendant to pay plaintiffs' costs associated with obtaining transfer order, including counsel's appearance on 12 and 19 September 2019." 'Further relief...