Dueeasy Pty Limited v Devlin [2014] NSWDC 318

District Court New South Wales

Medium Neutral Citation: Dueeasy Pty Limited v Devlin [2014] NSWDC 318 Hearing dates: 27 June 2014 Date of orders: 30 June 2014 Decision date: 30 June 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1)Summons filed 19 June 2014 by Bulldog Civil Engineering Pty Ltd and Brian Devlin dismissed. (2)Bulldog Civil Engineering Pty Ltd and Brian Devlin to pay the costs of the defendants to that summons. Catchwords: PROCEDURE – Local Court proceedings – application for transfer to District Court by cross-claimant – cross-claim stayed by consent order resulting from failure to provide security for costs – claim exceeds jurisdictional limit of Local Court – purported abandonment of excess in correspondence – need for abandonment in pleadings – potential for amendment – matter set down for hearing – potential for delay and inconvenience – appropriateness of an order for transfer in respect of proceedings subject to a stay Legislation Cited: Civil Procedure Act 2005, s 23, s 140 Local Court Act 2007, s 30, s 31 Cases Cited: Heath v Goodwin (1986) 8 NSWLR 478 Segur v Franklin (1934) 34 SR (NSW) 67; (1934) 51 WN (NSW) 31 Waxman v M'Auliffe (1879) 5 VLR (L) 48 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Procedural and other rulings Parties: Bulldog Civil Engineering Pty Ltd and Brian James Devlin (plaintiffs on the summons) Dueeasy Pty Limited and Daniel King (defendants on the summons) Representation: Counsel: Mr D Smallbone with Mr W Soon (plaintiffs on the summons) Mr S Titus (defendants on the summons)