Riaz v Technical and Further Education Commission [2024] NSWSC 474

Supreme Court New South Wales

Medium Neutral Citation: Riaz v Technical and Further Education Commission [2024] NSWSC 474 Hearing dates: 9 April 2024 Date of orders: 29 April 2024 Decision date: 29 April 2024 Jurisdiction: Common Law Before: McNaughton J Decision: The Summons seeking to transfer proceedings 2023/00284329 from the Local Court to the Supreme Court of New South Wales is dismissed with costs Catchwords: PRACTICE AND PROCEDURE – jurisdiction – application to transfer proceedings to the Supreme Court – where defendant in Local Court proceedings claimed unfair contract terms – where defendant seeks declaration that terms are void – whether matter can be dealt with in the Local Court – Civil Procedure Act 2005 (NSW), s 140(1) Legislation Cited: Civil Liability Act 2022 (NSW), ss 16, 31 Civil Procedure Act 2005 (NSW), ss 56, 140 Competition and Consumer Act 2010 (Cth), Sch 2, ss 18, 21, 23, 26, 50, 87S, 138B, 236, 237, 243, 250 Fair Trading Act 1987 (NSW), ss 30, 71, 86 Local Court Act 2007 (NSW), ss 29, 30 Cases Cited: TH Drake & Associates Pty Ltd v Safaei [2022] NSWSC 1008 Texts Cited: Nil Category: Principal judgment Parties: Rina Riaz (Plaintiff) Technical and Further Education Commission (Defendant) Representation: Solicitors: MinterEllison (Defendant) File Number(s): 2024/33749 Publication restriction: Nil

JUDGMENT 1. Rana Riaz, the plaintiff, filed a Summons in the Supreme Court on 30 January 2024, seeking an order pursuant to s 140(1) of the Civil Procedure Act 2005 (NSW) ("CPA") to transfer proceedings from the Local Court to the Supreme Court of New South Wales. The proceedings he sought to be transferred had been initiated by him in the Local Court against the Technical and Further Education Commission ("TAFE") by way of Statement of Claim, filed on 6 September 2023. 2. This matter was heard before me, as the Common Law Duty Judge, on 9 April 2024.