Wanago v Bendall [2020] NSWSC 1614

Wanago v Bendall [2020] NSWSC 1614

The transfer is justified because only the Supreme Court has power to order foreign service required for the continuation of the proceedings, fulfilling the overriding purpose of the Civil Procedure Act.

Jurisdiction
Australia
Judgment Date
06 November 2020
Procedural Posture
Civil / Interlocutory Application (transfer of Proceedings)
Outcome
Application granted; proceedings transferred and consequential orders made.
Legal Topics
['jurisdiction' 'transfer of Proceedings' 'foreign Service' 'personal Injury' 'negligence']
['civil Procedure'] ['jurisdiction' 'transfer of Proceedings' 'foreign Service' 'personal Injury' 'negligence']

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Procedural Posture

Civil / Interlocutory Application (transfer of Proceedings)

Legal Issues

  1. 1 ['Whether proceedings should be transferred from the District Court to the Supreme Court to enable foreign service under Part 11 of the Uniform Civil Procedure Rules 2005']

Ratio Decidendi

The transfer is justified because only the Supreme Court has power to order foreign service required for the continuation of the proceedings, fulfilling the overriding purpose of the Civil Procedure Act.

Court Disposition

Application granted; proceedings transferred and consequential orders made.

Orders

  • ['Proceedings 2019/245283 in the District Court of New South Wales transferred to the Supreme Court of New South Wales pursuant to section 140 of the Civil Procedure Act 2005.' 'Abridge the time for filing a Notice of Ceasing to Act to 4pm Monday 9 November 2020.' 'List the proceedings for directions before the...