Aktas v Westpac Banking Corporation [2013] NSWSC 1198

Supreme Court New South Wales

Medium Neutral Citation: Aktas v Westpac Banking Corporation [2013] NSWSC 1198 Hearing dates: 3/7/13 Decision date: 03 July 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 140 of the Civil Procedure Act 2005 proceedings number 2013/6067 in the District Court of New South Wales between the plaintiff and the defendant be transferred to this Court; (2) The plaintiff is to pay the costs of the defendant thrown away by reason of his application for transfer, including the costs of the hearing in the District Court fixed for tomorrow and the costs of the preparation of written submissions on behalf of the defendant, forthwith after they have been agreed or assessed. (3) Direct the plaintiff to file and serve within seven days an amended summons stating the relief sought, the substantive grounds of appeal and the reasons why leave should be granted in compliance with Part 50 of the Uniform Civil Procedure Rules 2005; (4) List the matter for directions before the Registrar on 24 July 2013; (5) Costs of the summons are costs in the application for leave to appeal. Catchwords: PROCEDURE - s140 Civil Procedure Act 2005 (NSW) - application for transfer of proceedings from District Court of New South Wales to Supreme Court of New South Wales Legislation Cited: Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Legal Profession Act 2004 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 KBRV Resort Operations Pty Ltd t/as Kingfisher Bay Resort & Village v Chilcott [2001] NSWCA 116; 51 NSWLR 516 Category: Procedural and other rulings Parties: Paul Uysal Aktas (plaintiff) Westpac Banking Corporation Ltd (defendant) Representation: Counsel: J Heazlewood (plaintiff) K Dawson (defendant) Solicitors: Penhall & Co Lawyers (plaintiff) King & Wood Mallesons (defendant) File Number(s): 2013/202401