Judaline Marion Younes v QIC Ltd trading as Westpoint Blacktown [2012] NSWSC 451

Supreme Court New South Wales

Medium Neutral Citation: Judaline Marion Younes v QIC Ltd trading as Westpoint Blacktown [2012] NSWSC 451 Hearing dates: 4 May 2012 Decision date: 08 May 2012 Jurisdiction: Common Law Before: Bellew J Decision: 1. The summons is dismissed. 2. The plaintiff is to pay the defendant's costs. Catchwords: PRACTICE AND PROCEDURE - application pursuant to s. 140 of the Civil Procedure Act 2005 for transfer of personal injury proceedings from District Court to Supreme Court - where procedural history in District Court evidenced breaches by the plaintiff of her duty to the court to comply with relevant orders - where there was delay in bringing application for transfer of proceedings in circumstances where hearing date fixed in the District Court - whether court satisfied that damages would be likely to exceed the jurisdictional limit of the District Court - nature of the task of the Court in determining whether it is so satisfied Legislation Cited: Civil Procedure Act 2005 Cases Cited: Bowditch v Hoey (SC (NSW) unreported 6 February 1997) Johnstone v State of New South Wales [2006] NSWCA 105 Sanderson v Kirby [2000] NSWSC 924 Category: Procedural and other rulings Parties: Judaline Marion Younes - Plaintiff QIC Ltd trading as Westpoint Blacktown - Defendant Representation: S King - Plaintiff K Ruschen (Solicitor) - Defendant Solicitors: Russo and Co - Plaintiff Yeldham Price O'Brien Lusk - Defendant File Number(s): 2012/123985