Ieremia v Skalkos & Anor [1999] NSWSC 315

Ieremia v Skalkos & Anor [1999] NSWSC 315

Because the plaintiff applied for transfer under s 143, the defendants were not permitted to oppose the application, and the evidence indicated a real prospect of earlier hearing in the District Court; the outstanding interlocutory matters, the cross-claim, the plaintiff's diplomatic status, and the absence of an equivalent District Court Defamation List did not amount to sufficient reasons to decline transfer.

Jurisdiction
Australia
Judgment Date
19 March 1999
Procedural Posture
Defamation Proceedings / Plaintiff's Application to Transfer Proceedings From the Supreme Court to the District Court Under S 143 of the District Court Act, 1973
Outcome
Proceedings transferred to the District Court; plaintiff's costs of the application ordered to be costs in the cause.
Legal Topics
['transfer to District Court' 'district Court Act, 1973 S 143' 'defamation List' 'costs in the Cause']
['civil Procedure' 'defamation'] ['transfer to District Court' 'district Court Act, 1973 S 143' 'defamation List' 'costs in the Cause']

Case Brief

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Procedural Posture

Defamation Proceedings / Plaintiff's Application to Transfer Proceedings From the Supreme Court to the District Court Under S 143 of the District Court Act, 1973

Legal Issues

  1. 1 ['Whether the proceedings should be transferred from the Supreme Court to the District Court under s 143 of the District Court Act, 1973.' "Whether there was any sufficient reason for the Supreme Court to decline the plaintiff's transfer application." 'What costs order should be made on the transfer application.']

Ratio Decidendi

Because the plaintiff applied for transfer under s 143, the defendants were not permitted to oppose the application, and the evidence indicated a real prospect of earlier hearing in the District Court; the outstanding interlocutory matters, the cross-claim, the plaintiff's diplomatic status, and the absence of an equivalent District Court Defamation List did not amount to sufficient reasons to decline transfer.

Court Disposition

Proceedings transferred to the District Court; plaintiff's costs of the application ordered to be costs in the cause.

Orders

  • ['Pursuant to s 143 of the District Court Act, the proceedings are transferred to the District Court.' "The plaintiff's costs are costs in the cause."]