Liristis v White [2024] NSWSC 1654

Supreme Court New South Wales

Medium Neutral Citation: Liristis v White [2024] NSWSC 1654 Hearing dates: 16 December 2024 Date of orders: 20 December 2024 Decision date: 20 December 2024 Jurisdiction: Equity - Duty List Before: Meek J Decision: Summons to transfer Local Court proceedings into the Supreme Court dismissed. Catchwords: CIVIL PROCEDURE — Application for transfer of proceedings from the Local Court to the Supreme Court — Where Local Court proceedings related to a motor vehicle accident and claim was only for property damage — Where Local Court proceedings were set down for hearing to commence in just over two months — Whether jurisdictional limit of the Local Court would be exceeded — Whilst the first plaintiff provided some figures of what he asserted he would claiming as hire costs for a replacement vehicle, in circumstances where the pleadings on which the Local Court proceedings were based were not before the Court, there was no real clarity as to the amount actually being claimed and the Court was not satisfied that the jurisdictional limit of the Local Court would be exceeded — Even if the jurisdictional limit of the Local Court could be exceeded, it was accepted between the parties that the claim was well within the jurisdictional limit of the District Court — Consideration of prejudice that would be suffered by the defendant in the loss of an impending hearing date — Consideration of purported complexity of the claim — Consideration of the overriding purpose in s 56 of the Civil Procedure Act 2005 (NSW) — Transfer application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Local Court Act 2007 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Arsalan v Rixon (2021) 274 CLR 606; [2021] HCA 40 Brown v IJM Group Pty Ltd trading as Cove Agency [2024] NSWSC 578 James v Commonwealth Bank of Australia [2016] NSWSC 1321 Lee v Strelnicks; Souaid v Nahas; Cassim v Nguyen; Rixon v Arsalan [2020] NSWCA 115; (2020) 92 MVR 366 Liristis v White [2024] NSWDC 557 Restaino v Urban Purveyor Group Pty Ltd [2021] NSWSC 1164 Riaz v Technical and Further Education Commission [2024] NSWSC 474 TH Drake & Associates Pty Ltd v Safaei [2022] NSWSC 1008 Category: Principal judgment Parties: Tony Liristis (First Plaintiff) Infinity Group of Companies (ABN 44 664 963 400) t/as Austral Agistment and Animal Shelter (Second Plaintiff) Brian Leslie White (Defendant) Representation: Counsel: J Sukkar (Defendant)