Naiman Clarke Pty Limited atf Naiman Clarke Trust v Marianna Tuccia [2012] NSWSC 314

Supreme Court New South Wales

Medium Neutral Citation: Naiman Clarke Pty Limited atf Naiman Clarke Trust v Marianna Tuccia [2012] NSWSC 314 Hearing dates: 30 March 2012 Decision date: 05 April 2012 Jurisdiction: Equity Division - Duty List Before: Ball J Decision: See paragraph 32 of this judgment. Catchwords: PROCEDURE - application for transfer of proceedings from the Local Court to the Supreme Court - where the plaintiff is seeking to amend its statement of claim to seek relief which can only be granted by the Supreme Court - where the plaintiff knew of its right to bring proceedings in the Supreme Court and chose to initiate proceedings in the Local Court - where defects in proposed amended statement of claim Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) District Court Act 1973 (NSW) Practice Note SC Eq 11 Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Ryner Pty Ltd v Roller [2007] NSWSC 372 Tabet v Gett [2010] HCA 12; 240 CLR 537 White v Viewden Pty Limited [2005] NSWSC 196 Category: Procedural and other rulings Parties: Naiman Clarke Pty Limited atf Naiman Clarke Trust (Plaintiff) Marianna Tuccia (Defendant) Representation: HWD Stowe (Plaintiff) CL Fini (Defendant) Shanahan Tudhope Lawyers (Plaintiff) Juris Prudentia Legal (Defendant) File Number(s): 2012/82107