Dimoski v The Workers Compensation Nominal Insurer [2017] NSWSC 1195

Supreme Court New South Wales

Medium Neutral Citation: Dimoski v The Workers Compensation Nominal Insurer [2017] NSWSC 1195 Hearing dates: 1 September 2017 Date of orders: 01 September 2017 Decision date: 01 September 2017 Jurisdiction: Common Law Before: Campbell J Decision: (1) Proceedings No. 2015/321436 in the District Court be transferred to this Court; (2) Pleadings in that matter stand as pleadings in this Court. (3) The parties' costs of that application are costs in the cause in this Court; (4) Proceedings No. 2016/121567 in the District Court be transferred to this Court; (5) Pleadings in that matter stand as pleadings in this Court; (6) The parties' costs, if any, of that matter are costs in the cause in this Court; (7) List the matter for directions before the Common Law Case Manager at 9 am on Friday, 8 September 2017. Catchwords: CIVIL PROCEDURE – Jurisdiction – Transfer to and from other courts – District Court – Personal injury case – Whether damages could exceed the statutory limit of the District Court – Held that matter to be transferred Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Griffiths v Kerkemeyer (1977) 139 CLR 161; [1977] HCA 45 Pelka v Woolworths Ltd [2016] NSWSC 1312 Sophron v Nominal Defendant (1957) 96 CLR 469 Category: Procedural and other rulings Parties: Todor Dimoski (Plaintiff) The Workers Compensation Nominal Insurer (Defendant) Representation: Counsel: