Swann v All Construction Engineering Pty Ltd [2021] NSWSC 665

Supreme Court New South Wales

Medium Neutral Citation: Swann v All Construction Engineering Pty Ltd [2021] NSWSC 665 Hearing dates: 4 June 2021 Date of orders: 4 June 2021 Decision date: 04 June 2021 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to s 140(1) of the Civil Procedure Act, District Court proceedings number 2019/00346074 including any cross-claims in the proceedings, be transferred to the Supreme Court of New South Wales. (2) Costs of this summons are to be the costs in the cause of the primary proceedings. (3) This matter is listed for directions before the Registrar on 30 August 2021. Catchwords: CIVIL PROCEDURE — Jurisdiction — Transfers to and from other courts – transfer from District Court to Supreme Court under s 140, Civil Procedure Act 2005 (NSW) – whether damages likely to exceed $750,000 – where plaintiff claims total loss of capacity to work – whether prejudice to first defendant due to delayed hearing – transfer of proceedings ordered Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58, 140 District Court Act 1973 (NSW), s 4 Cases Cited: Every v Osborne [2012] NSWSC 1437 Johnstone v State of New South Wales [2006] NSWCA 105 Kadic v Theiss Brothers Pty Ltd [1967] 2 NSWR 257 Tauri v Janlin Circuses Pty Ltd (trading as Stardust Circus) [2017] NSWSC 1337 Younes v QIC Ltd (trading as Westpoint Blacktown) [2012] NSWSC 451 Category: Procedural rulings Parties: Martin Francis Swann (Plaintiff) All Construction Engineering Pty Ltd (First Defendant) Manildra Energy Australia Pty Ltd (Second Defendant) Shoalhaven Starches Pty Ltd (Third Defendant) Interstate Enterprises Pty Ltd (Fourth Defendant) Representation: Counsel: J J Ryan (Plaintiff) D Weinberger (First, Second and Third Defendants) A Bond (Fourth Defendant)