Rodrigues v Fitness First Australia Pty Ltd [2013] NSWSC 1140

Supreme Court New South Wales

Medium Neutral Citation: Rodrigues v Fitness First Australia Pty Ltd [2013] NSWSC 1140 Hearing dates: 18/07/2013 Decision date: 21 August 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) Orders 2 and 4 made on 9 July 2013 be, and hereby are, vacated. (2) Proceedings 2011/311124 are listed for directions at 9am on 27/8/13 before the Registrar. (3) Motion filed by the defendant on 16/7/2013 be otherwise dismissed. (4) Costs of the motion are costs in the cause. Catchwords: PROCEDURE - motion to challenge transferred proceedings from District Court to Supreme Court - whether the interests of justice are served by a transfer - no point of general principle Legislation Cited: Civil Procedure Act 2005 Cases Cited: Husher v Husher [1999] HCA 47; (1999) 197 CLR 138 Category: Procedural and other rulings Parties: John Rodrigues (P) Fitness First Australia Pty Ltd (D) Representation: Counsel: R Chia (P) J C Chapman (D) Solicitors: Brydens (P) Wotton + Kearney Lawyers (D) File Number(s): 2013/189752

Judgment

District Court Proceedings 1John Rodrigues, the plaintiff, claims that on 2 July 2009, whilst exercising in a gymnasium, conducted by Fitness First Australia Pty Ltd ("Fitness First"), the defendant, he was injured when a weight machine toppled over onto him. 2On 2 September 2011, he commenced proceedings in the District Court of NSW, by the filing of a Statement of Claim against Fitness First and against Future Floor Services (NSW) Pty Ltd, as second defendant. 3Both defendants filed Defences in which they each objected to the District Court exercising jurisdiction in the matter because the amount claimed exceeded the jurisdiction of that Court. Those Defences were filed on 5 June 2012 and on 29 June 2012 respectively. 4Proceedings have now been discontinued against the second defendant so that Fitness First is the only defendant.