Naidu v Autocare Services Pty Ltd (formerly Patrick Autocare Pty Ltd) [2017] NSWSC 46

Supreme Court New South Wales

Medium Neutral Citation: Naidu v Autocare Services Pty Ltd (formerly Patrick Autocare Pty Ltd) [2017] NSWSC 46 Hearing dates: 2 February 2017 Date of orders: 02 February 2017 Decision date: 02 February 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Order that District Court proceedings 2015/198387 be transferred to the Supreme Court.

(2) Grant the parties leave to approach the Manager of Listing to obtain a hearing date with an estimate of five (5) days.

(3) List proceedings 2015/198387 for directions before a Registrar of this Court on 28 February 2017 at 9:00am.

(4) The plaintiff is to pay the costs of these proceedings on an indemnity basis.

(5) The plaintiff is to pay the costs of its Notice of Motion returnable in the District Court on 2 February 2017 on an indemnity basis.

(6) The plaintiff is to pay the defendant's costs thrown away by reason of the vacation of the hearing in the District Court on an indemnity basis.

(7) All of the above costs orders be assessable forthwith.

(8) The pleadings filed in District Court proceedings 2015/198387 stand as pleadings in the Supreme Court of New South Wales pursuant to s 143(1)(a) of the Civil Procedure Act 2005 (NSW). Catchwords: PRACTICE AND PROCEDURE – urgent application to transfer proceedings from District Court to Supreme Court – proceedings listed for hearing in District Court – if successful plaintiff likely to exceed jurisdictional limit of District Court – prejudice to defendant – costs – delay – proceedings transferred Legislation Cited: Civil Procedure Act 2005 (NSW) Workers Compensation Act 1987 (NSW) Category: Principal judgment Parties: Anuraj Naidu (Plaintiff) Autocare Services Pty Ltd (formerly Patrick Autocare Pty Ltd) (Defendant) Representation: Counsel: GJ Parker SC; L Mathias (Plaintiff) NE Chen SC; M Newton (Defendant)