Restaino v Urban Purveyor Group Pty Ltd [2021] NSWSC 1164

The court found that, on the evidence, there was a real chance that the plaintiff's damages may exceed the $750,000 jurisdictional limit of the District Court. Accordingly, the Court ordered the transfer of the proceedings to the Supreme Court under s 140 of the Civil Procedure Act 2005.

Jurisdiction: Australia
Judgment Date: 13 September 2021
Procedural Posture: Personal Injury / Application for Transfer From District Court to Supreme Court
Outcome: Order for transfer granted.
Legal Topics: ['transfer of Proceedings' 'jurisdictional Limit' 'personal Injury Damages']

['civil Procedure'] ['transfer of Proceedings' 'jurisdictional Limit' 'personal Injury Damages']

Case Brief

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Procedural Posture

Personal Injury / Application for Transfer From District Court to Supreme Court

Legal Issues

1 ['Whether the amount likely to be awarded to the plaintiff, if successful, would exceed the jurisdictional limit of the District Court for purposes of s 140 of the Civil Procedure Act 2005' 'Whether there is sufficient reason for the proceedings to be heard in the Supreme Court']

Ratio Decidendi

Court Disposition

Order for transfer granted.

Orders

['Proceedings numbered 2019/00365414, 2019/00365347 and 2020/00328243 transferred from the District Court of New South Wales to the Supreme Court of New South Wales pursuant to s 140 of the Civil Procedure Act 2005.']