Parker v The Council of Barker College [2017] NSWSC 1569

Supreme Court New South Wales

Medium Neutral Citation: Parker v The Council of Barker College [2017] NSWSC 1569 Hearing dates: 11 July 2017 Date of orders: 11 July 2017 Decision date: 17 November 2017 Jurisdiction: Common Law Before: Walton J Decision: (1) I confirm my order that the summons is dismissed.

(2) No order as to costs. Catchwords: PROCEDURE – application to transfer into and out of the Supreme Court to overcome the jurisdictional limit of the District Court – abuse of process – in the alternative transfer application from the District Court to the Supreme Court – explanation for delay – discretionary factors – summons dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Credit Loans Australia Pty Ltd v Viera [2016] NSWSC 484 Ge v River Island Clothing Pty Ltd [2001] NSWSC 935 James v Commonwealth Bank of Australia [2016] NSWSC 1321 Timoteo Sue v Chep Australia Pty Ltd [2017] NSWSC 781 Category: Principal judgment Parties: Robert James Challis Parker (Plaintiff) The Council of Barker College (First Defendant) Terence Paul Simpkins (Second Defendant) Representation: Counsel: J Young (Plaintiff)

Solicitors: Medcalf Grant Lawyers (Plaintiff) Hunt & Hunt Layers (First Defendant) File Number(s): 2017/196256

reasons for judgment 1. By way of a summons filed 30 June 2017 ("the summons"), Robert James Challis Parker ("the plaintiff"), sought the following relief: 1. Transfer the District Court Case No 2013/212325 ("the District Court proceedings") to the Supreme Court; 2. An order that the matter proceed on the basis of unlimited jurisdiction; and 3. An order that the matter then be transferred back to the District Court for a hearing listed to commence on 7 August 2017 for five days [vested with that jurisdiction]. 1. At the time of filing of the summons, the District Court proceedings had progressed to being four weeks before trial. The summons was dismissed by this Court on 11 July 2017, with reasons to follow. These are the reasons for those orders.