Sonia Lee White v Viewden Pty Limited [2005] NSWSC 196

New South Wales Supreme Court

CITATION : Sonia Lee White v Viewden Pty Limited [2005] NSWSC 196

HEARING DATE(S) : 28 February 2005

JUDGMENT DATE : 11 March 2005

JUDGMENT OF : Johnson J at 1

DECISION : (a) pursuant to s.145 District Court Act 1973 order that the proceedings in the District Court of New South Wales No. 715 of 2004 be removed into the Supreme Court of New South Wales; (b) order that the pleadings in the District Court stand as pleadings in this Court; (c) order that the costs of the summons be costs in the cause; (d) order that the matter be stood over to the next call-up list in the Common Law Division of the Court.

CATCHWORDS : PROCEDURE - Action for damages in respect of personal injury - Application for removal of proceedings from District Court to Supreme Court - Meaning of "likely" in s.145(2) District Court Act 1973 - Order for removal made - Appropriate costs order where Defendant declined to consent to unlimited jurisdiction in the District Court

LEGISLATION CITED : District Court Act 1973

KBRV Resort Operations Pty Limited v Chilcott (2001) 51 NSWLR 516 Parry v WGE Engineering [2003] NSWSC 337 Boughey v The Queen (1986) 161 CLR 10 CASES CITED : Tillmann Butcheries Pty Ltd v Australasian Meat Industry Employee's Union (1979) 42 FLR 331 Sheen v Fields Pty Ltd (1984) 58 ALJR 93 Waugh v Kippen (1986) 160 CLR 156 Middleton v Campbell Bros Ltd [2005] NSWCA 50

Sonia Lee White (Plaintiff) PARTIES : Viewden Pty Limited (Defendant)

FILE NUMBER(S) : SC 10648 of 2005

Mr D Rofe QC, Mr B Hull (Plaintiff) COUNSEL : Mr J Sexton SC (Defendant)