NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Barden v Seric [2012] NSWSC 1480 Hearing dates: 20 November 2012 Decision date: 29 November 2012 Jurisdiction: Common Law Before: R A Hulme J Decision: The proceedings in file number 2012/108416 are transferred to the District Court. Plaintiff to pay the defendant's costs of and incidental to this application on the ordinary basis. Catchwords: PROCEDURE - transfer of proceedings - from Supreme Court to District Court - Civil Procedure Act s 146(4)(a) - whether complex legal issue Legislation Cited: Civil Procedure Act 2005 (NSW) Compensation to Relatives Act 1897 (NSW) District Court Act 1973 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cochrane v Hannaford [1999] NSWCA 371 Husher v Husher [1999] HCA 47; 197 CLR 138 Kaplantzi & Anor v Pascoe [2003] NSWCA 386 Sangha v Baxter [2009] NSWCA 78 Williams v Rodway [2004] NSWSC 438 Category: Principal judgment Parties: Mark Neale Barden (Plaintiff) Paul Jacob Seric (Defendant) Representation: Counsel: Mr G Hickey (Plaintiff) Mr B Kelleher (Defendant) Solicitors: Gillis Delaney Lawyers (Plaintiff) Sparke Helmore Lawyers (Defendant) File Number(s): 2012/108416
Judgment 1HIS HONOUR: Mark Barden says that he sustained injuries in a motor accident when Paul Seric drove onto the incorrect side of the road and collided with him. He claims that Mr Seric was negligent and should pay damages. Mr Barden could have commenced proceedings in the District Court but he commenced them in this Court. 2Mr Seric says that there are no complex legal issues involved in this case and so, according to the legislation governing civil procedure, the proceedings must be transferred to the District Court. Mr Barden's response is that there will be complex legal issues involved in the assessment of damages for economic loss and so it is appropriate that the proceedings remain in this Court. In my view what complexity there may be is factual rather than legal. I agree with Mr Seric and order the transfer of the proceedings.
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