Ryan v Thales Australia Limited [2017] NSWSC 1014

Supreme Court New South Wales

Medium Neutral Citation: Ryan v Thales Australia Limited [2017] NSWSC 1014 Hearing dates: 1 August 2017 Decision date: 01 August 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order that proceedings numbered 2014/57724 in the District Court of New South Wales at Newcastle, be transferred to this Court pursuant to s 140(1) of the Civil Procedure Act 2005 (NSW).

(2) Order the plaintiff to pay the defendants' costs of the application made by summons filed on 18 July 2017. Catchwords: PRACTICE AND PROCEDURE – Civil Procedure Act 2005 (NSW) – transfer of proceedings from District Court to Supreme Court – where amount to be awarded to the plaintiff, if successful, likely to exceed the jurisdictional limit of a District Court ­– transfer not opposed by defendants – HELD – proceedings transferred from District Court to Supreme Court

COSTS – plaintiff ordered to pay the defendants' costs of the application as plaintiff did not press application for transferred proceedings to be re-transferred to the District Court – defendants had incurred costs in opposing order no longer sought Legislation Cited: Civil Procedure Act 2005 (NSW), ss 140, 146, 148 Category: Procedural and other rulings Parties: Michael John Ryan (Plaintiff) The Commonwealth of Australia (Second Defendant) Defence Maintenance Management Pty Ltd (ACN 089 482 093) (Third Defendant) Worley Parsons Pty Ltd (Fourth Defendant) Representation: Counsel: M Best (Plaintiff) D Talintyre (Second and Third Defendants) C Le (Fourth Defendant)