Credit Loans Australia Pty Ltd v Viera [2016] NSWSC 484

Supreme Court New South Wales

Medium Neutral Citation: Credit Loans Australia Pty Ltd v Viera [2016] NSWSC 484 Hearing dates: 19 April 2016 Decision date: 20 April 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the plaintiff's notice of motion filed on 16 March 2016.

(2) Subject to an application for a different order being made to my Associate within seven days hereof, order the plaintiff to pay the defendant's costs of the motion. Catchwords: PRACTICE AND PROCEDURE – application to transfer proceedings to the Local Court – proceedings commenced in Supreme Court – Statement of Claim subsequently amended so that proceedings could have been commenced in Local Court – cross-claim seeking relief under Contracts Review Act and National Consumer Credit Protection Act – transfer refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 146,149 Competition and Consumer Act 2010 (Cth), s 86 Constitution, ss 71, 77(iii), 109 Consumer Credit (Queensland) Act 1994 (Qld) Contracts Review Act 1980 (NSW), s 7 Local Court Act 2007 (NSW), ss 9, 29, 29A, 30, 32, 33 National Consumer Credit Protection Act 2009 (Cth), ss 5, 178, 179, 180, 187 National Credit Code, ss 74, 76, 77, 113, 115, Uniform Consumer Credit Code Cases Cited: Commercial Banking Co. v Pollard [1983] 1 NSWLR 74 GE v River Island Clothing Pty Ltd [2001] NSWSC 935 Grassby v The Queen (1989) 168 CLR 1 Category: Procedural and other rulings Parties: Credit Loans Australia Pty Ltd (Plaintiff) Samantha Viera (Defendant) Representation: Counsel: J Lee (Plaintiff) P Batley (Defendant)