James v Commonwealth Bank of Australia [2016] NSWSC 1321

Supreme Court New South Wales

Medium Neutral Citation: James v Commonwealth Bank of Australia [2016] NSWSC 1321 Hearing dates: 2 and 16 September 2016 Date of orders: 19 September 2016 Decision date: 19 September 2016 Jurisdiction: Equity Before: Darke J Decision: Summons is dismissed with costs. Catchwords: PROCEDURE – Transfer of proceedings from District Court of New South Wales to Supreme Court of New South Wales – Matter listed for hearing in District Court – Substantial delay in application for transfer of proceedings – Any jurisdictional difficulties attributable to party seeking transfer – Whether risk of prejudice or injustice to parties arising from amounts claimed in District Court – Desirability of final hearing of proceedings as soon as possible – Whether appropriate for proceedings to be transferred to Supreme Court Legislation Cited: Civil Procedure Act 2005 (NSW), ss 22, 23, 96, 140, 146 Contracts Review Act 1980 (NSW) Conveyancing Act 1919 (NSW), s 111A Corporations Act 2001 (Cth), s 420A Cases Cited: Richards v Cornford (2010) 76 NSWLR 572; [2010] NSWCA 99 Category: Principal judgment Parties: David Anthony James (Plaintiff) Commonwealth Bank of Australia (Defendant) Representation: Counsel: Mr J Baird (Plaintiff) Mr J White (Defendant)

Solicitors: Allsop Glover Lawyers (Plaintiff) Gadens (Defendant) File Number(s): 2016/184714 Publication restriction: None

Judgment