Sonia Lee White v Viewden Pty Limited [2005] NSWSC 196

Sonia Lee White v Viewden Pty Limited [2005] NSWSC 196

The Court was satisfied, on the probabilities and materials before it, that the likely amount to be awarded to the Plaintiff would exceed $750,000.00, thus the removal order under s.145(2) District Court Act 1973 was justified. Given the Defendant declined to consent to extended jurisdiction, costs were ordered to be costs in the cause.

Jurisdiction
Australia
Judgment Date
11 March 2005
Procedural Posture
Civil Action for Damages in Negligence / Application for Removal of Proceedings From District Court to Supreme Court
Outcome
Application granted for removal; costs in the cause.
Legal Topics
['removal of Proceedings' 'district Court Jurisdiction' 'damages for Personal Injury']
['procedure' 'personal Injury'] ['removal of Proceedings' 'district Court Jurisdiction' 'damages for Personal Injury']

Case Brief

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Procedural Posture

Civil Action for Damages in Negligence / Application for Removal of Proceedings From District Court to Supreme Court

Legal Issues

  1. 1 ['Whether the Supreme Court should be satisfied that the likely amount to be awarded to the plaintiff exceeds $750,000 for purposes of s.145(2) District Court Act 1973' "Meaning of 'likely' in s.145(2) District Court Act 1973" 'Appropriate costs order for the application']

Ratio Decidendi

The Court was satisfied, on the probabilities and materials before it, that the likely amount to be awarded to the Plaintiff would exceed $750,000.00, thus the removal order under s.145(2) District Court Act 1973 was justified. Given the Defendant declined to consent to extended jurisdiction, costs were ordered to be costs in the cause.

Court Disposition

Application granted for removal; costs in the cause.

Orders

  • ['Proceedings in the District Court of New South Wales No. 715 of 2004 removed into the Supreme Court of New South Wales' 'District Court pleadings stand as pleadings in the Supreme Court' 'Costs of the summons are costs in the cause' 'Matter stood over to next call-up list in Common Law Division']