Liristis and Anor v White [2024] NSWDC 557

District Court New South Wales

Medium Neutral Citation: Liristis and Anor v White [2024] NSWDC 557 Hearing dates: 12, 25 November 2024 Date of orders: 26 November 2024 Decision date: 26 November 2024 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph [91] Catchwords: CIVIL PROCEDURE – transfer of proceeding from Local Court to District Court – first plaintiff commenced Local Court proceeding for property damage to a motor vehicle arising from an accident – whilst Local Court proceeding pending, first plaintiff commences a proceeding in the District Court based on the same accident, but with an added claim for damages for personal injury – transfer application determined adversely to the plaintiff by a Judge of the Court – whether transfer application was properly before the Judge – presumption of regularity – subsequent to that adverse determination, whether first plaintiff has file a Summons in the District Court through which he brings the same transfer application – consideration of principles relating to successive interlocutory applications CIVIL PROCEDURE – recusal application after resumption of a hearing that was part-heard CIVIL PROCEDURE – transfer application abandoned – plaintiff applies for leave to discontinue – contest over costs consequences – whether reasonable for the plaintiff to have commenced the proceeding Legislation Cited: Civil Procedure Act 2005 (NSW), ss, 56, 60, 140(2) Motor Accident Injury Act 2017 (NSW), ss, 4.1-4.2 Uniform Civil Procedure Rules 2005 (NSW), rr, 6.2-6.4, 6.6, 15.12, 18, 36.15-16 Births, Deaths and Marriages Registration Act 1995 (NSW) Cases Cited: Bajramovic v Calubaquid (2015) 71 MVR 15 Gunter v State Transit Authority of NSW (2004) 61 NSWLR 414 Liu v The Age Company Pty Ltd (2016) 92 NSWLR 679 Minister for Natural Resources v NSW Aboriginal Council (1987) 9 NSWLR 154 Restaino v Urban Purveyor Group Pty Ltd [2021] NSWSC 1164 Riddell v R [2024] NSWCCA 46 Zakaria v Noyce [2012] NSWSC 981 Collier v Country Women's Association of NSW [2018] NSWCA 36 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Re JRL; Ex p CJL (1986) 161 CLR 342 Texts Cited: Nil Category: Procedural rulings Parties: Mr Tony Liristis (Plaintiff) Mr Brian White (Defendant) Representation: Counsel: Plaintiff (Self-represented) Mr J Sukkar (Defendant)