Wanago v Bendall [2020] NSWSC 1614

Supreme Court New South Wales

Medium Neutral Citation: Wanago v Bendall [2020] NSWSC 1614 Hearing dates: 06 November 2020 Date of orders: 06 November 2020 Decision date: 06 November 2020 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that proceedings numbered 2019/245283 in the District Court of New South Wales be transferred to the Supreme Court of New South Wales pursuant to section 140 of the Civil Procedure Act 2005. (2) Abridge the time for the filing of a Notice of Ceasing to Act to 4pm Monday 9 November 2020. (3) List the proceedings, formerly in the District Court, for directions before the Common Law Registrar at 9am on Monday 16 November 2020. (4) Grant any party liberty to restore the matter to the list of the Common Law Registrar on 48 hours' notice. (5) Order that the costs of this summons be the costs in the transferred proceedings. Catchwords: CIVIL PROCEDURE — Jurisdiction — Transfers to and from other courts — District and Local Courts – application to transfer matter from the District Court to the Supreme Court to allow for foreign service under Part 11 of the Uniform Civil Procedure Rules – transfer would promote resolution of matter in just, quick and cheap manner – transfer ordered Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Sebastian Wanago (P) Duncan Bendall (D) Representation: Counsel: N Ghabar (P) In Person (D1)