NSW Caselaw
New South Wales Supreme Court
CITATION : South West Helicopters Pty Ltd v Country Energy [2009] NSWSC 1376
HEARING DATE(S) : 9 December 2009
JUDGMENT DATE : 9 December 2009
JUDGMENT OF : Harrison J
DECISION : Parties to provide short minutes of order to reflect these reasons.
CATCHWORDS : PRACTICE AND PROCEDURE – application to transfer several proceedings from the District Court to the Supreme Court – where similar issues arise in proceedings in different courts – whether sufficient reason for hearing the proceedings in the Supreme Court – where the interests of justice are best served by transfer of the proceedings to the Supreme Court
LEGISLATION CITED : Civil Procedure Act 2005 Compensation to Relatives Act 1897
CATEGORY : Procedural and other rulings
CASES CITED : Ryner Pty Ltd v Roller [2007] NSWSC 372 Sanderson Motors Pty Ltd v Kirby [2000] NSWSC 924
PARTIES : South West Helicopters Pty Ltd (Plaintiff) Country Energy (Defendant)
FILE NUMBER(S) : SC 20544/2009
COUNSEL : A P Spencer (Plaintiff)
SOLICITORS : Norton White (Plaintiff) Deacons (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROGRESSIVE LIST
HARRISON J
9 December 2009
20544/2009 South West Helicopters Pty Ltd v Country Energy
JUDGMENT 1 HIS HONOUR: These proceedings arise out of the collision on 2 February 2006 between a helicopter owned and operated by South West Helicopters and power lines maintained by Country Energy. The helicopter was completely destroyed and all on board were killed. Apart from the present proceedings the collision generated seven other separate proceedings in the District Court of New South Wales. In the present application South West Helicopters seeks orders that the District Court proceedings be transferred to this Court and thereafter that they be heard concurrently with the present proceedings. 2 The application is made pursuant to s 140(1) and (3)(b)(ii) Civil Procedure Act 2005. That section is in the following relevant terms: " 140 Transfer of proceedings to higher court
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