Howard Media v A M Marketing [2009] NSWSC 165

New South Wales Supreme Court

CITATION : Howard Media v A M Marketing [2009] NSWSC 165

HEARING DATE(S) : 12/02/2009

JUDGMENT DATE : 20 March 2009

JURISDICTION : Equity

JUDGMENT OF : McCallum J

(1) Pursuant to s140(1) of the Civil Procedure Act, proceedings No. 65 of 2007 commenced in the Local Court at Lismore, including the cross-claim filed by Howard Media Pty Ltd in those proceedings, are transferred to the Supreme Court on condition that the amount of $16,576.92 is paid into Court by Howard Media Pty Ltd within fourteen days of today. DECISION : (2) The costs of the proceedings in the Local Court are to be costs in the cause in the proceedings transferred. (3) The costs of the hearing on 12 February 2009 are to be costs in the cause in the proceedings transferred.

CATCHWORDS : EQUITY - practice and procedure - application to have proceedings transferred from Local Court to Supreme Court - whether sufficient reasons for hearing proceedings in higher court - whether reasonable grounds for arguing that an oral partnership agreement existed

Civil Procedure Act 2005 LEGISLATION CITED : District Court Act 1973 Partnership Act 1892

CATEGORY : Procedural and other rulings

Canny Gabriel Castle Jackson Advertising Pty Ltd v Volume Sales (Finance) Pty Ltd (1974) 131 CLR 321 Elkin & Co Pty Ltd v Specialised Television Installations Pty Ltd [1961] SR (NSW) 165 CASES CITED : Phoenix Freight Systems Pty Ltd v Seko Air Freight Inc (1995) 17 ASCR 754 Sanderson Motors Pty Ltd v Kirby [2000] NSWSC 924 Zisis v Knighton [2008] NSWCA 42

PARTIES : Howard Media Pty Limited (Plaintiff) A M Marketing Pty Limited (Defendant)