Ryan v McDonalds Australia Ltd [2017] NSWSC 1508

Ryan v McDonalds Australia Ltd [2017] NSWSC 1508

There was material before the Court, including evidence from the Plaintiff's parents and multiple professional assessments over 14 years, which if accepted at trial would justify an award exceeding the District Court jurisdictional limit and more than $1 million. The Court was therefore satisfied that the proceedings should be transferred to the Supreme Court under s 140(1).

Jurisdiction
Australia
Judgment Date
08 November 2017
Procedural Posture
Personal Injury Damages Proceedings; Application to Transfer Proceedings From the District Court to the Supreme Court / Application for Transfer Under Civil Procedure Act 2005 (nsw) S 140(1)
Outcome
District Court proceedings transferred to the Supreme Court; costs reserved.
Legal Topics
['transfer of Proceedings' 'district Court Jurisdictional Limit' 'assessment of Likely Damages' 'head Injury Damages']
['civil Procedure' 'personal Injury'] ['transfer of Proceedings' 'district Court Jurisdictional Limit' 'assessment of Likely Damages' 'head Injury Damages']

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Procedural Posture

Personal Injury Damages Proceedings; Application to Transfer Proceedings From the District Court to the Supreme Court / Application for Transfer Under Civil Procedure Act 2005 (nsw) S 140(1)

Legal Issues

  1. 1 ['Whether District Court Proceedings No 2002/95072 should be transferred to the Supreme Court under Civil Procedure Act 2005 (NSW) s 140(1).' 'Whether the amount to be awarded to the Plaintiff, if successful, is likely to exceed the jurisdictional limit of the District Court.']

Ratio Decidendi

There was material before the Court, including evidence from the Plaintiff's parents and multiple professional assessments over 14 years, which if accepted at trial would justify an award exceeding the District Court jurisdictional limit and more than $1 million. The Court was therefore satisfied that the proceedings should be transferred to the Supreme Court under s 140(1).

Court Disposition

District Court proceedings transferred to the Supreme Court; costs reserved.

Orders

  • ['District Court Proceedings No 2002/95072 be transferred to the Supreme Court pursuant to s 140(1) of the Civil Procedure Act.' 'Costs are reserved.']