Dimoski v The Workers Compensation Nominal Insurer [2017] NSWSC 1195

Dimoski v The Workers Compensation Nominal Insurer [2017] NSWSC 1195

On a summary consideration of available material, it is realistically possible that the plaintiff could obtain damages in excess of $750,000, satisfying the statutory ground for transfer to the Supreme Court.

Source-derived case information.

Parties
Plaintiff: Todor Dimoski; Defendant: The Workers Compensation Nominal Insurer
Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Personal Injury; Transfer Application / Application for Transfer From District Court to Supreme Court
Outcome
Application granted; proceedings transferred from District Court to Supreme Court.
Legal Topics
Jurisdiction, Court Transfer, Damages, Limitation Period
Civil Procedure Personal Injury Jurisdiction Court Transfer Damages Limitation Period

Source-derived case record

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Parties

Todor Dimoski

Plaintiff

The Workers Compensation Nominal Insurer

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether damages are likely to exceed District Court statutory limit ($750,000)
  2. 2 Whether there is sufficient reason to transfer proceedings to Supreme Court
  3. 3 Delay and explanation for bringing transfer application

Ratio Decidendi

On a summary consideration of available material, it is realistically possible that the plaintiff could obtain damages in excess of $750,000, satisfying the statutory ground for transfer to the Supreme Court.

Court Disposition

Application granted; proceedings transferred from District Court to Supreme Court.

Orders

  • Proceedings No. 2015/321436 in the District Court be transferred to this Court.
  • Pleadings in that matter stand as pleadings in this Court.