Aitofi v The Council of the City of Sydney [2020] NSWSC 611

Supreme Court New South Wales

Medium Neutral Citation: Aitofi v The Council of the City of Sydney [2020] NSWSC 611 Hearing dates: 21 May 2020 Decision date: 21 May 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to r 49.19 of the Uniform Civil Procedure Rules 2005 (NSW), set aside the decision of Registrar Jones on 22 April 2020 and, in lieu thereof, order that these proceedings be transferred from the District Court to the Supreme Court pursuant to s 140 of the Civil Procedure Act 2005 (NSW).

(2) Order that the costs of the proceedings, including the costs of the notice of motion filed by the plaintiff in support of the application for review, be costs in the cause.

(3) Direct the parties to confer on appropriate directions which ought be made for the further conduct of the matter and communicate with my associate with a view to such directions being made in chambers. Catchwords: CIVIL PROCEDURE — Registrars — Review of Registrar's decision — refusal of application for transfer under Civil Procedure Act 2005 (NSW) s 140 — whether order for transfer ought be made Legislation Cited: Civil Procedure Act 2005 (NSW), ss 13, 56, 140, Pt 6 District Court Act 1973 (NSW), ss 4, 44 Motor Accidents Compensation Act 1999 (NSW), Pt 3.4 Uniform Civil Procedure Rules 2005 (NSW), rr 42.34, 49.19 Workers Compensation Act 1987 (NSW), s 151E Cases Cited: Johnstone v State of New South Wales [2006] NSWCA 105 Thomas v Laundy (Exhibition) Pty Ltd [2016] NSWSC 1395 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Texts Cited: Delegation to Registrars under section 13 of the Civil Procedure Act 2005, Pt 1 Category: Procedural and other rulings Parties: Talalelei Aitofi (Plaintiff) The Council of the City of Sydney (Defendant) Representation: Counsel: L Morgan (Plaintiff) C Campbell (Defendant)