NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Sue v CHEP Australia Pty Ltd [2017] NSWSC 781 Hearing dates: 13 June 2017 Decision date: 16 June 2017 Jurisdiction: Common Law Before: N Adams J Decision: (1) Dismiss the summons. (2) The plaintiff is to pay the defendant's costs. Catchwords: CIVIL – application pursuant to s 140 of the Civil Procedure Act 2005 (NSW) to transfer proceedings to the Supreme Court – where plaintiff contends that damages awarded may exceed jurisdictional limit of the District Court – application opposed by defendant – summons dismissed Legislation Cited: Civil Liability Act 2002 (NSW), s 15(3) Civil Procedure Act 2005 (NSW), ss 3, 56, 58, 140, 144 District Court Act 1973 (NSW), ss 4, 51 Workers Compensation Act 1987 (NSW), s 151E Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Every v Osborne [2012] NSWSC 1437 Johnstone v State of New South Wales [2006] NSWCA 105 Lazare v City of Sydney Council [2015] NSWSC 1546 Category: Principal judgment Parties: Timoteo Sue (Plaintiff) CHEP Australia Pty Ltd (Defendant) Representation: Counsel: Mr C Barry QC with Mr E Chrysostomou (Plaintiff) Mr D Priestley SC (Defendant)
Solicitors: Gajic Lawyers (Plaintiff) McCabes Lawyers (Defendant) File Number(s): 2017/163215
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