Riki v Sphere Healthcare Pty Ltd [2021] NSWCA 276

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Riki v Sphere Healthcare Pty Ltd [2021] NSWCA 276 Hearing dates: 8 November 2021 Date of orders: 8 November 2021 Decision date: 08 November 2021 Before: Brereton JA Decision: Order that pursuant to Supreme Court Act 1970 (NSW), s 51(2)(b), the proceedings be remitted to the Equity Division Corporations List. Catchwords: APPEALS – Jurisdiction of appellate court – Court of Appeal – Discretion to exercise jurisdiction – Appeal from District Court Judicial Registrar – Assignment to Supreme Court – Where no submissions by applicant in support of matter remaining in Court of Appeal – Remitted to Equity Division Corporations List Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) District Court Act 1973 (NSW), s 127(2) Supreme Court Act 1970 (NSW), ss 48, 51(2), 101 Category: Procedural rulings Parties: Dustin Tourangi Riki (Applicant) Sphere Healthcare Pty Ltd (First Respondent) XL Insurance Company SE (Second Respondent) Representation: Counsel: No appearance (Applicant) B DeBuse (First Respondent) J Sukkar (sol) (Second Respondent)

Solicitors: Marsdens Law Group (First Respondent) Barry.Nilsson Lawyers (Second Respondent) File Number(s): 2021/187461 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Date of Decision: 7 June 2021 Before: Judicial Registrar Howard File Number(s): 2020/239339