Williamson v Pluim Interiors Pty Limited (in liquidation) [2017] NSWSC 1389

Supreme Court New South Wales

Medium Neutral Citation: Williamson v Pluim Interiors Pty Limited (in liquidation) [2017] NSWSC 1389 Hearing dates: 5 October 2017 Date of orders: 05 October 2017 Decision date: 05 October 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: The Court orders that:

(1) The Court orders that proceedings 2015/00377324 in the District Court of New South Wales at Sydney be transferred to the Supreme Court of New South Wales at Sydney.

(2) Summons otherwise be dismissed.

(3) Plaintiff to pay the defendant's costs of proceedings 2017/00171167 on an ordinary basis.

(4) Costs the subject of order (3) are not to be payable until the completion, at first instance, of proceedings 2015/00377324 that have just been transferred into this Court. Catchwords: PRACTICE or PROCEDURE – transfer of proceedings from District Court to Supreme Court – amount of damages to be recovered, if successful, likely to exceed $750,000 – whether Court has power to immediately transfer proceedings back to District Court – whether abuse of process to do so – held – no power to transfer proceedings back to District Court Legislation Cited: District Court Act 1973 Corporations Act 2001 (Cth) Civil Procedure Act 2005 Cases Cited: Ge v River Island Clothing Pty Ltd [2001] NSWSC 935 Rodrigues v Fitness First Australia Pty Ltd [2013] NSWSC 1140 Sheedy v State Asphalt Services Pty Ltd [2015] NSWSC 1532 Tauri v Janlin Circuses Pty Ltd t/as Stardust Circus [2017] NSWSC 1337 Category: Procedural and other rulings Parties: Barry Williamson (Plaintiff) Pluim Interiors Pty Limited (in liquidation) (Defendant) Representation: Counsel: T J Willis (Plaintiff) J Sleight (Defendant)