Ryner Pty Limited v Roller [2007] NSWSC 372

New South Wales Supreme Court

CITATION : Ryner Pty Limited v Roller [2007] NSWSC 372

HEARING DATE(S) : 13 April 2007

JUDGMENT DATE : 20 April 2007

JUDGMENT OF : Price J at 1

DECISION : 1. That the District Court proceedings 3430 of 2004 between Ryner Pty Limited as plaintiff and Scott Hepburn as second defendant and Veronica Roller as third defendant be transferred from the District Court of New South Wales to the Supreme Court of New South Wales. 2. That the order for the transfer of the District Court proceedings (order one) is subject to and conditional upon the outstanding balance of the plaintiff's costs pursuant to the consent orders made by Garling DCJ on 6 February 2007 being paid by the defendant. Such costs are to be paid to the plaintiff solicitors no later than 5pm on 27 April 2007. 3. That the defendant is to pay the plaintiff's costs which have been properly incurred in the District Court proceedings from 7 February 2007 until the transfer of the proceedings to the Supreme Court in accordance with order one hereof. 4. That upon transfer to this Court the District Court proceedings are to be linked with Supreme Court proceedings No 10064 of 2007 and are to proceed together. Both proceedings are to be listed for directions before the Registrar on 30 April 2007. 5. Plaintiff is to pay the defendant's costs of the motion.

CATCHWORDS : Transfer of proceedings - similar, if not identical, issues in proceedings in different courts - question of jurisdiction of District Court - defendant's delay - objects of Civil Procedure Act - interests of justice best served by transfer of proceedings.

Civil Procedure Act 2005 s 140 LEGISLATION CITED : District Court Act 1973 s 134(1)(h) Trade Practices Act 1974 s 82, s 86(2), s 87