NSW Caselaw
New South Wales Supreme Court
CITATION : Ge v River Island Clothing Pty Ltd [2001] NSWSC 935 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12210/01 HEARING DATE(S) : 18 October 2001 JUDGMENT DATE : 23 October 2001
Yu Ge by her tutor Tao Ge (Plaintiff/Respondent) PARTIES : River Island Clothing Pty Limited (1st Defendant/Appellant/Applicant) Hydraulic Contracting & Supply Pty Limited (2nd Defendant/Appellant/Applicant) JUDGMENT OF : Studdert J
LOWER COURT Supreme Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT Master Malpass; Registrar Howe JUDICIAL OFFICER :
COUNSEL : M.A. Cleary (Plaintif/Respondent) J. Graves SC/C. Wood (1st & 2nd Defendants/Appellants/Applicants) SOLICITORS : Bailey Meadows Solicitors (Plaintiff/Respondent) McMahon National Lawyers (1st & 2nd Defendants/Appellants/Applicants) CATCHWORDS : Practice and procedure - action commenced in District Court - damages likely to exceed $750,000 - defendant refused consent to unlimited jurisdiction in that court - order transferring to Supreme Court - then order transferring back to District Court - effect of latter order to confer unlimited jurisdiction - whether abuse of court process. Appeal from Master - order transferring proceedings to District Court - whether error of law - District Court Act, ss 44, 51, 143, 145. LEGISLATION CITED : District Court Act CASES CITED : Rogers v The Queen (1994) 181 CLR 251 DECISION : See para 32.
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
12210/01
STUDDERT J
Tuesday 23 October 2001
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