Cai v Guo [2014] NSWSC 380

Supreme Court New South Wales

Medium Neutral Citation: Cai v Guo [2014] NSWSC 380 Hearing dates: 31/03/2014 Decision date: 31 March 2014 Before: Fullerton J (as Duty Judge) Decision: 1. District Court proceedings 2013/193706 are transferred to the Supreme Court on condition that on or before 10 April 2014, the plaintiff pays to the defendant the sum of $12,500.00, representing part of the costs thrown away by the District Court proceedings. 2. In the event that sum is paid and receipted on or before that date, the proceedings are to be transferred into the Equity Division and the plaintiff is to file and serve any statement of claim on or before 24 April 2014. 3. These orders do not effect or include any costs orders made by the District Court to date, including, but not limited to, costs awarded to the defendant on 21 February 2014. Catchwords: PROCEDURE - application to transfer proceedings to Supreme Court Legislation Cited: Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) District Court Act 1973 (NSW) Limitation Act 1969 (NSW) Cases Cited: Rinbac Pty Ltd v The Owners - Strata Plan No 64972 [2010] NSWSC 656; 77 NSWLR 601 Category: Procedural and other rulings Parties: Guo Hui Cai (Plaintiff) Xiao Yan Guo (Defendant) Representation: Counsel: C Lawrence (Plaintiff) T Saunders (Defendant) Solicitors: Ren Zhou Lawyers (Plaintiff) Lin Tang & Co Lawyers (Defendant) File Number(s): 2014/54261