Randstad Pty Ltd v Nasralla [2016] NSWSC 232

Supreme Court New South Wales

Medium Neutral Citation: Randstad Pty Ltd v Nasralla [2016] NSWSC 232 Hearing dates: 25 February 2016 Date of orders: 25 February 2016 Decision date: 25 February 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1)District Court proceedings number 2015/41771 be transferred to this Court under s 140 of the Civil Procedure Act 2005. (2)The pleadings in the District Court stand as pleadings in this Court. (3)Costs of the Summons are the parties' costs in the cause. (4)List the matter for directions before the Common Law Case Management Registrar at 9.00am on 4 March 2016. (5)Leave to Ms Nasralla to withdraw the motion for severance filed in the District Court on 23 February 2016. The motion is struck out with no order as to costs on the motion. Catchwords: PROCEDURE – application for an adjournment to allow finalisation of a severance application in the District Court – where already significant delay in proceedings – where pending application has limited prospects of success PROCEDURE – jurisdiction – unlimited jurisdiction of District Court for workplace injury claims – application for transfer to Supreme Court – cross-claim likely to exceed jurisdictional limitation of District Court Legislation Cited: Civil Procedure Act 2005 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Workers' Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Nationwide News Pty Ltd v Naidu [2007] NSWCA 377; 71 NSWLR 471 TNT Australia Pty Ltd v Christie [2003] NSWCA 47; 65 NSWLR 1 Category: Consequential orders (other than Costs) Parties: Randstad Pty Ltd (Plaintiff) Mona Nasralla (Defendant) Unilever Australia Supply Services Ltd (Cross Defendant) Representation: Counsel: M Best (Plaintiff) D Stanton (Defendant) P Morris SC (Cross Defendant)