Hartley v Envisage Construction and Design Pty Ltd [2020] NSWSC 1303

Supreme Court New South Wales

Medium Neutral Citation: Hartley v Envisage Construction and Design Pty Ltd [2020] NSWSC 1303 Hearing dates: 23 September 2020 Date of orders: 24 September 2020 Decision date: 24 September 2020 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to s 140 of the Civil Procedure Act 2005 (NSW), District Court proceedings number 2018/9624 be transferred to the Supreme Court of New South Wales. (2) Costs of this summons are to be costs in the cause of the primary proceedings. Catchwords: CIVIL PROCEDURE – Application for transfer from District Court to Supreme Court under Civil Procedure Act 2005 (NSW) s 140 – Realistic chance of plaintiff if successful recovering sum in excess of jurisdictional limit of the District Court – Order for transfer made Legislation Cited: Civil Procedure Act 2005(NSW) District Court Act 1973 (NSW) Workers Compensation Act 1987 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aitofi v The Council of the City of Sydney [2020] NSWSC 611 Johnstone v State of New South Wales [2006] NSWCA 105 Category: Procedural and other rulings Parties: Dale Robert Hartley (Plaintiff) Envisage Construction and Design Pty Ltd (First Defendant) Neulan Scott Wark (Second Defendant) Representation: Counsel: J Wilson (Plaintiff) J Sleight (First Defendant)

Solicitors: RMB Lawyers (Plaintiff) McMahon's Lawyers (First Defendant) Access Law Group (Second Defendant) File Number(s): 2020/00220521