Smith v Baker [2022] NSWSC 1521

Supreme Court New South Wales

Medium Neutral Citation: Smith v Baker [2022] NSWSC 1521 Hearing dates: 11 July 2022 Date of orders: 11 July 2022 Decision date: 11 July 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The District Court of New South Wales Proceedings no. 248990 of 2020 be transferred to the Supreme Court of New South Wales. (2) The plaintiffs to pay the cost of the summons and the costs thrown away by reason of the vacation of the hearing date in the District Court of New South Wales. (3) The plaintiffs to serve any evidence in reply on which they rely by 5 August 2022. (4) The matter is listed in the Professional Negligence List on 4 November 2022. (5) The matter is listed for hearing for 5 days on 27 February 2023. Catchwords: CIVIL PROCEDURE — jurisdiction — transfers to and from other courts — Local Court to Supreme Court — quantum of damages likely to exceed jurisdictional limit — delay on part of the plaintiff in bringing the transfer application — satisfied that prejudice to defendant can be cured through costs order and further case management Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Johnstone v State of New South Wales [2006] NSWCA 105 Aitofi v The Council of the City of Sydney [2020] NSWSC 611 Thomas v Laundy (Exhibition) Pty Ltd [2016] NSWSC 1395 Category: Procedural rulings Parties: Josephine Appa Smith (First Plaintiff) Smith and Smith Investments Pty Ltd (Second Plaintiff) Nouveau Pacific-A Pty Ltd (Receivers and Managers Appointed) (Third Plaintiff) David Baker (First Defendant) BC Legal Pty Ltd (Second Defendant) Barbara Chang (Third Defendant) Representation: Counsel: H Grace (Plaintiffs) A Avery-Williams (Defendants)