Chilcott (formerly Smith) v KBRV Resort Operations Pty Ltd t/as Kingfisher Bay Resort & Village [1999] NSWSC 633

New South Wales Supreme Court CITATION : Chilcott (formerly Smith) v KBRV Resort Operations Pty Ltd t/as Kingfisher Bay Resort & Village [1999] NSWSC 633 CURRENT JURISDICTION : Civil FILE NUMBER(S) : 20495/98 HEARING DATE(S) : 16 June 1999 JUDGMENT DATE : 25 June 1999

PARTIES : Sandra Chilcott (A/P) KBRV Resort Operations Pty Ltd t/as Kingfisher Bay Resort & Village (D/R to one motion; A to second motion) JUDGMENT OF : Newman J

COUNSEL : A S Morrison SC/R J Wright (A/P) A R Ashburner (D/R) SOLICITORS : Thomas J Goudkamp of Stacks the Law Firm with Goudkamp Mahony (A/P) Ferguson Holz (D/R) CATCHWORDS : Pleading; Plea in bar; Transfer of proceedings from District Court to Supreme Court Motor Accidents Act 1988 ACTS CITED : District Court Act 1973 Limitations of Actions Act 1974 (QLD) Choice of Law (Limitation Periods) Act 1993 Packer v Meagher, [1984] 3 NSWLR 486 CASES CITED : Fowler v Renmark & Paringa District Hospital Inc, (1988) 51 SASR 506 China Ocean Shipping Co Ltd v P S Chellaram & Co Ltd, (1990) 28 NSWLR 354 DECISION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

NEWMAN J

FRIDAY, 25 JUNE 1999

20495/98 - CHILCOTT (formerly Smith) v KBRV RESORT OPERATIONS PTY LTD t/as KINGFISHER BAY RESORT & VILLAGE

JUDGMENT

1 HIS HONOUR: These are two Notices of Motion brought on behalf of both the plaintiff and the defendant. 2 The plaintiff's Motion seeks orders: 1. That the document described as a Notice of Discontinuance of Proceedings in the District Court of New South Wales bearing plaint number 5777 of 1998 and dated 11 November 1998 and filed 12 November 1998 be declared a nullity. 2. That the said District Court proceedings bearing plaint number 5777 of 1998 be transferred to this Court.