Lazare v City of Sydney Council and ors. [2015] NSWSC 1546

Supreme Court New South Wales

Medium Neutral Citation: Lazare v City of Sydney Council and ors. [2015] NSWSC 1546 Hearing dates: 2 October 2015 Date of orders: 20 October 2015 Decision date: 20 October 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. The summons is dismissed. 2. The plaintiff is to pay the costs of the first, second, third and fourth defendants, as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – Application for transfer of proceedings seeking damages for personal injury from the District Court to the Supreme Court – Whether likely that the plaintiff's damages would exceed the jurisdictional limit of the District Court – Significant delay on the part of the plaintiff in bringing the application – Failures on the part of the plaintiff to comply with orders of the District Court requiring her to serve medical evidence and particulars - Relevance of procedural history to the exercise of discretion – Summons dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Boral Bricks Pty Limited v Cosmidis; Boral Bricks Pty Limited v DM and BP Wiskich Pty Limited [2013] NSWCA 443 Bowditch v Hoey (NSWSC unreported 6 February 1997) Coles Supermarkets Australia Pty Limited v Haleluka [2012] NSWCA 343 Every v Osborne [2012] NSWSC 1437 Johnstone v New South Wales [2006] NSWCA 105 Sanderson Pty Limited v Kirby [2000] NSWSC 924 Younes v QIC Limited trading as Westpoint Blacktown [2012] NSWSC 451 Category: Procedural and other rulings Parties: Brigitte Lazare - Plaintiff City of Sydney Council - 1st Defendant Berkeley Challenge Pty Limited - 2nd Defendant Brookfield Johnson Controls Pty Limited - 3rd Defendant McArthur (NSW) Pty Limited - 4th Defendant Representation: Mr P Khandhar and Ms L Friedwald -Plaintiff Ms K Marianne (Solicitor) – 1st Defendant Ms K Ong (Solicitor) – 2nd Defendant Ms K Ruschen (Solicitor) – 3rd Defendant Ms N Bountros (Solicitor) – 4th Defendant