Coote v Kelly [2014] NSWSC 1540

Supreme Court New South Wales

Medium Neutral Citation: Coote v Kelly [2014] NSWSC 1540 Hearing dates: 24/10/2014 Decision date: 24 October 2014 Jurisdiction: Common Law Before: Garling J Decision: With respect to the Notice of Motion filed 22/8/2014: (1) Refuse Order 1. (2) Stand over Order 2 for a period of 14 days to 9.30am on 7/11/14 before Garling J. (3) Order the costs of the Motion be costs in the cause. (4) In the event that any party so decides, any summons seeking an order pursuant to s 140 of the Civil Procedure Act of the transfer of current District Court proceedings, may be returnable before Garling J at 9.30am on 7/11/14. Catchwords: PROCEDURE - civil - jurisdiction - transfer of proceedings to District Court of NSW; application for - Civil Procedure Act 2005; s 146(1) - proceedings could properly have been commenced in the District Court, whether - damages would not exceed jurisdictional limit of District Court - related proceedings in District Court - Civil Procedure Act 2005; s146(4)(b)(ii) - other sufficient reason for hearing the proceedings in the Supreme Court, whether - substantial past history in Supreme Court - expedited trial - appeal - original judgment set aside - new trial ordered - complexity of issues and interests - previous evidentiary rulings - balancing exercise - interests of justice - PROCEDURE - civil - pleadings - statement of claim - amendments; application for - delay - prejudice, whether - cause of action sufficiently pleaded, whether - interests of justice - COSTS - costs in the cause Legislation Cited: Civil Procedure Act 2005 Compensation to Relatives Act 1897 Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Coote v Dr Kelly [2012] NSWSC 219 Coote v Kelly [2013] NSWCA 357 Category: Procedural and other rulings Parties: Melissa Coote (Applicant) Dr Stephen Kelly (Respondent) Representation: Counsel: R O'Keefe (Applicant) J Morris SC / E Elbourne (Respondent) Solicitors: Stacks/Goudkamp P/L (Applicant) Norton Rose Fulbright Australia (Respondent) File Number(s): 2011/339988