Nixon v Western NSW Local Health District; Stettner v Western NSW Local Health District [2021] NSWSC 189

Supreme Court New South Wales

Medium Neutral Citation: Nixon v Western NSW Local Health District; Stettner v Western NSW Local Health District [2021] NSWSC 189 Hearing dates: 5 March 2021 Date of orders: 10 March 2021 Decision date: 10 March 2021 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order that proceedings be transferred to the District Court of New South Wales at Orange. (2) Order that the costs of the applications be costs in the proceedings in that Court. Catchwords: TRANSFER OF PROCEEDINGS – whether proceedings should be transferred to District Court – where parties accept doing so would reflect the appropriate and proper operation of s 146(1) of Civil Procedure Act 1995 – where there is insufficient material to indicate precisely or generally what is or may be the likely quantum of damages – where there is agreement among parties that damages will not exceed jurisdiction of District Court – costs of applications shall be costs in proceedings of District Court Legislation Cited: Compensation to Relatives Act 1897 (NSW) Civil Procedure Act 2005 (NSW) Category: Procedural rulings Parties: Juliette Stettner (Plaintiff) Robert Nixon (Plaintiff) Western NSW Local Health District (First Defendant) Lives Lived Well (formerly the Linden Community) (Second Defendant) Representation: Counsel: S Holmes (Plaintiffs)

Solicitors: Toby Tancred Pty Ltd, trading as Toby Tancred Solicitor (Plaintiffs) Hicksons Lawyers (First Defendant) Barry.Nilsson Lawyers (Second Defendant) File Number(s): 2018/00167850; 2019/00120746 Publication restriction: Nil