RCR Resolve FM v Serco Australia [2014] NSWSC 1477

Supreme Court New South Wales

Medium Neutral Citation: RCR Resolve FM v Serco Australia [2014] NSWSC 1477 Hearing dates: 24/10/2014 Decision date: 24 October 2014 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Order that proceedings be transferred from the District Court to the Supreme Court and heard together with these proceedings. Catchwords: PROCEDURE - application seeking transfer of District Court Proceedings to Supreme Court - where two sets of proceedings in different courts - where two sets of proceedings deal with same factual and legal issue - where separate proceedings would mean that the same issue would be determined by different judges in different courts - whether transfer of proceedings is likely to delay hearing PROCEDURE - application for consolidation of proceedings - where District Court proceedings on same factual issues transferred to Supreme Court - whether any benefit to reconstituting two sets of proceedings and repleading claims - whether sufficient to hear cases together with evidence in one to be evidence in both PROCEDURE - costs - whether costs should follow the event - where respondent took the risk as to costs in opposing the motion - where warning given that costs would be sought if motion was opposed Cases Cited: A Goninan & Co v Atlas Steels [2003] NSWSC 956 Category: Procedural and other rulings Parties: RCR Resolve FM Pty Ltd (Plaintiff) Serco Australia Pty Limited (Defendant) Representation: Counsel: TJ Breakspear (Plaintiff) A d'Arville (Defendant) R C Gration (Respondent) Solicitors: Allen & Overy (Plaintiff) Baker & McKenzie (Defendant) File Number(s): 2014/229168 Decision under appeal File Number(s): 2014/229168